Regulations of Xi'an on Energy Saving of Civil buildings in 2021

Issuing department: Xi'an Municipal people's Congress (including standing Committee). 

Notice No. 95 of the standing Committee of Xi'an Municipal people's Congress (16th session). 

Approval department: Shaanxi Provincial people's Congress (including standing Committee). 

Approval date: 2020.11.26

 (adopted at the 12th meeting of the standing Committee of the 15th Xi'an people's Congress on October 29, 2013, approved at the sixth meeting of the standing Committee of the 12th Shaanxi Provincial people's Congress on November 29, 2013, in accordance with the 36th meeting of the standing Committee of the 15th Xi'an people's Congress on December 22, 2016, the 12th people's Congress of Shaanxi Province on March 30, 2017. 


    The decision of the standing Committee of the Xi'an Municipal people's Congress on amending 49 Local laws and regulations, including the regulations on the Protection of legitimate Rights and interests of consumers, approved by the 33rd meeting of the standing Committee of the General Assembly, was amended for the first time according to the 37th meeting of the standing Committee of the 16th Xi'an people's Congress on October 21, 2020, which was adopted by the 13th people of Shaanxi Province on November 26, 2020. 


    The second amendment to the decision of the standing Committee of Xi'an Municipal people's Congress on amending 65 local laws and regulations, such as the regulations on the Protection of legitimate Rights and interests of consumers, approved by the 23rd meeting of the standing Committee of the people's Congress)


Catalogue. 


    Chapter I General principles. 


    Chapter II General provisions. 


    Chapter III Energy Saving of newly built Civil buildings. 


    Chapter IV Energy Saving Transformation of existing Civil buildings. 


    Chapter V Promotion of Green buildings. 


    Chapter VI Application of Renewable Energy. 


    Chapter VII Energy Saving in the Operation of Energy consumption system in Civil buildings. 


    Chapter VIII legal liability. 


    Chapter IX Supplementary provisions


    Chapter I General principles. 


    Article 1 in order to strengthen the management of energy conservation in civil buildings, reduce energy consumption, promote the use of renewable energy and improve energy efficiency, these regulations are formulated in accordance with the laws and regulations of the people's Republic of China on Energy Saving, regulations on Energy efficiency of Civil buildings and regulations of Shaanxi Province, and in the light of the actual conditions of this Municipality. 


    Article 2 these regulations shall apply to the planning, design, construction, transformation, supervision, use, supervision and management of civil buildings engaged in energy conservation planning, design, construction, transformation, supervision and management within the administrative area of this Municipality. 


    Article 3 the term "civil buildings" as mentioned in these regulations refers to residential buildings, office buildings of state organs and other public buildings such as commerce, service industry, education, health and so on. 


    The term "energy conservation of civil buildings" as mentioned in these regulations refers to the adoption of effective measures to reduce building energy consumption and improve energy efficiency in accordance with relevant laws, regulations and technical standards in the process of planning, design, construction, transformation and use of civil buildings. 


    Article 4 the municipal administrative department in charge of housing construction is the administrative department in charge of energy conservation of civil buildings in this municipality. 


    The administrative departments in charge of housing construction in districts and counties and the administrative committees of development zones shall, under the supervision and guidance of the municipal administrative departments in charge of housing construction, be responsible for the energy-saving management of civil buildings within their jurisdiction. 


    The departments of development and reform, finance, resource planning, ecological environment, water administration, industrial credit, urban management, market supervision, public security, emergency and other departments shall do a good job in the management of energy conservation in civil buildings in accordance with their respective responsibilities. 


    Article 5 the people's governments of cities, districts and counties shall incorporate the energy conservation of civil buildings into their national economic and social development plans. 


    The people's governments of cities, districts and counties and the administrative committees of development zones shall increase the investment in energy conservation of civil buildings year by year according to the level of economic and social development. 


    Article 6 the people's governments of cities, districts and counties shall include energy conservation in civil buildings in the assessment of energy conservation targets, establish a responsibility system and incentive mechanism for energy conservation in civil buildings, and guide, support and promote the development of energy conservation in civil buildings. 


    Article 7 Scientific research and technological development of energy conservation in civil buildings shall be encouraged, new technologies, new processes, new materials and new equipment shall be popularized, and the application of renewable energy shall be promoted.


    Chapter II General provisions. 


    Article 8 the municipal administrative department in charge of housing construction shall, in conjunction with relevant departments, formulate a special plan for energy conservation of civil buildings in this city, which shall be submitted to the municipal people's government for approval and organized for implementation.  


    The administrative department in charge of housing construction in the district and county shall, in accordance with the city's special plan for energy conservation of civil buildings, organize and compile the annual implementation plan of energy conservation of civil buildings within their jurisdiction, which shall be submitted to the people's government at the corresponding level for approval before implementation. 


    The administrative committee of the development zone shall, in accordance with the city's special plan for energy conservation of civil buildings, organize the compilation and implementation of the annual implementation plan for the energy efficiency of civil buildings within its jurisdiction. 


    The special plan and annual implementation plan for the energy conservation of civil buildings shall include the energy conservation of new, reconstruction and expansion buildings, the energy conservation renovation of existing buildings, the application of renewable energy, the promotion of green buildings, the energy conservation management of the operation of building energy use systems, and so on. 


    Article 9 the units of construction, design, examination, construction, testing and supervision of civil construction projects shall implement the national and local mandatory standards for building energy efficiency. 


    Construction, design and construction units shall not use technologies, processes and products prohibited by the state, provinces and municipalities. 


    Article 10 the people's governments of cities, districts and counties and the administrative committees of development zones shall arrange for the energy efficiency funds of civil buildings to be used for the following activities or subsidies: 


    (1) Energy-saving renovation of existing civil buildings with financial investment. 


    (2) to work out energy conservation plans for civil buildings, formulate technical standards, codes and regulations, atlas, etc. 


    (3) Monitoring, control, evaluation and audit of energy consumption of civil buildings. 


    (4) General survey and statistics on the scale and energy consumption of existing civil buildings. 


    (5) publicity and training of building energy conservation work. 


    (6) subsidies for energy-saving renovation of existing civil buildings with non-financial investment. 


    (7) subsidies for the research and development of new technologies, new processes, new materials and new equipment for building energy conservation. 


    (8) subsidies for green building demonstration projects. 


    (9) subsidies for renewable energy demonstration projects. 


    (10) subsidy for residential buildings demonstrated by new wall materials in rural areas. 


    (11) subsidies for the construction of prefabricated concrete industrialization bases for building energy conservation. 


    (12) other activities related to the energy conservation development of civil buildings. 


    Article 11 the people's governments of cities, districts and counties shall formulate preferential policies to guide social funds to invest in energy-saving projects in civil buildings such as energy-saving renovation of existing civil buildings, application of renewable energy and contractual energy management. 


    Investors can earn a profit in accordance with the agreement. 


    Article 12 Construction project units are encouraged to evaluate the energy efficiency of construction projects. 


    The energy use efficiency of the following civil buildings shall be evaluated, and the results of the evaluation shall be marked in a conspicuous position: 


    (1) newly built, rebuilt, expanded and energy-saving office buildings of state organs and public buildings of more than 20,000 square meters. 


    (2) buildings applying for national, provincial and municipal engineering quality awards. 


    (3) buildings applying for green building evaluation marks. 


    (4) the buildings applying for national and municipal demonstration projects. 


    Article 13 the municipal administrative department in charge of housing construction shall guide the adjustment of the product structure of wall materials, promote the transformation of research achievements of new wall materials, and promote the industrialization of new wall materials. 


    The use of clay solid bricks is prohibited for newly built, reconstructed or expanded civil construction projects and their ancillary buildings and temporary facilities in the built-up area of this city. 


    With the exception of the renovation works of ancient buildings that are included in the protection of cultural relics. 


    Article 14 encourage and guide rural villagers to adopt building energy conservation measures in building houses.


    Chapter III Energy Saving of newly built Civil buildings. 


    Article 15 the development and reform department shall, in conjunction with the administrative department in charge of housing construction, examine the evaluation report on the energy efficiency of civil buildings in fixed assets investment projects. 


Those who fail to pass the examination shall not be passed. 


    Article 16 when the competent department of resource planning examines the planning of civil construction projects in accordance with the law, it shall solicit the opinions of the administrative departments in charge of housing construction and heating. 


    Article 17 the administrative department in charge of housing construction shall strengthen the supervision and inspection of the implementation of building energy efficiency standards and norms for new civil construction projects. 


    Article 18 upon completion of the project, the administrative departments in charge of development and reform, housing construction and heating shall conduct special examination and approval of energy conservation. 


    Construction projects that have not been examined or are unqualified shall not be put on record for completion and acceptance. 


    Article 19 the construction unit shall provide the construction unit and the project supervision unit with qualified construction drawing design documents, and publicize the energy-saving technologies, product information and energy-saving measures adopted at the construction site. 


    The construction unit shall entrust a building energy-saving inspection institution with corresponding qualifications to witness sampling and testing the building energy-saving materials entering the construction site. 


    The construction unit shall sign a contract with the heating unit to clarify the building energy conservation quality responsibility of the construction unit and the installation quality responsibility of the heating metering device and temperature control device of the heating unit. 


    When organizing the completion and acceptance of civil construction projects, the construction unit shall check whether it conforms to the compulsory standards for energy conservation of civil buildings. 


    For those who do not meet the standards, a qualified report on completion and acceptance shall not be issued. 


    Article 20 the design plan of a civil construction project compiled by a design unit shall include a special description of building energy efficiency design, and the construction drawing design documents shall include building energy efficiency design instructions, energy conservation calculation books, heating metering devices, modeling and installation requirements. 


    Article 21 the examination institution of construction drawing design documents shall examine the construction drawing design documents of civil construction projects in accordance with the compulsory standards and norms for energy conservation of civil buildings. 


    If it fails to pass the examination or fails to pass the examination, it shall not issue a certificate of qualification for the examination of the construction drawings and design documents. 


    Article 22 the construction unit shall organize the construction in accordance with the compulsory standards and codes for energy conservation of civil buildings and the design documents of construction drawings, formulate special construction plans for building energy-saving projects, and establish an inspection system for energy-saving materials and products. 


    Materials and products that have not been inspected or are not up to standard shall not be used. 


    Article 23 the supervision unit shall, in accordance with the compulsory standards for energy conservation of civil buildings and the design documents of construction drawings, formulate detailed rules for the implementation of special supervision of energy conservation of civil construction projects, and implement supervision in accordance with the law. 


    If it is found that the construction unit fails to work in accordance with the mandatory standards for building energy conservation and construction drawings, it shall require the construction unit to make corrections; if the construction unit refuses to make corrections, it shall promptly report to the construction unit and to the administrative department in charge of housing construction in the area under its jurisdiction. 


    Article 24 when testing civil construction projects and building energy-saving materials and products, construction project quality inspection institutions shall implement the compulsory standards and corresponding norms for civil building energy conservation, and shall not issue false reports. 


    Article 25 the quality supervision institution of construction projects shall supervise and inspect the implementation of energy efficiency standards for new civil buildings. 


    When problems are found, they shall be corrected in a timely manner, and rectification shall be supervised. 


    Article 26 conditional construction projects are encouraged to adopt energy-saving prefabricated construction methods. 


    Article 27 when selling commercial houses, real estate development enterprises shall, in accordance with the provisions of the State, publicize the building energy efficiency information of the houses sold to the purchasers, and specify them in the commercial housing sales contract, the housing quality guarantee certificate and the housing use manual. 


    Article 28 under normal use conditions, the warranty period for energy-saving exterior structures of newly-built civil buildings shall be 5 years, and the warranty period shall be calculated from the date of completion and acceptance. 


    The construction unit shall perform the warranty obligation, and if losses are caused by the quality of the project, it shall be liable for compensation in accordance with the law.


    Chapter IV Energy Saving Transformation of existing Civil buildings. 


    Article 29 the energy-saving renovation of existing civil buildings shall adhere to the principles of overall arrangement, energy conservation and environmental protection, economic and practical, technical feasibility and safety guarantee, and shall be implemented step by step in accordance with the special plan for energy conservation of civil buildings and the annual implementation plan. 


    Article 30 the energy-saving transformation of existing civil buildings shall be scientifically demonstrated in the light of the energy consumption and service life of the buildings, combined with the benefits of the transformation, and an energy-saving transformation plan shall be formulated. 


    Article 31 the transformation of urban infrastructure and the transformation of old urban areas shall be carried out in conjunction with the energy-saving transformation of existing civil buildings. 


    Projects such as comprehensive renovation of old buildings, renovation of buildings and structural renovation of buildings shall be carried out at the same time. 


    Article 32 the energy-saving renovation of existing public buildings and other existing civil buildings that carry out central heating shall be equipped with heating system regulation, heat metering and indoor temperature control devices. 


    Article 33 the expenses for energy-saving renovation of existing office buildings of state organs shall be included in the financial budget of the people's government at the corresponding level and shall be strictly carried out in accordance with the financial budget. 


    The cost of energy-saving renovation of existing public buildings used by public welfare undertakings such as education, science, culture, health and sports shall be jointly borne by the government, the building owner and the owner of the right to use it. 


    The cost of energy-saving renovation of commercial existing public buildings such as shopping malls, hotels and office buildings shall be borne by the owner of the building and the owner of the right to use it through negotiation. 


    The cost of energy-saving renovation of existing residential buildings shall be jointly borne by the municipal or district and county people's governments, building owners and heating units. 


    Article 34 Civil buildings of historical and cultural value and excellent in modern times shall not be transformed into energy-saving peripherals. 


    Article 35 the energy-saving renovation of existing civil buildings shall strictly implement fire control safety measures. 


    Chapter V Promotion of Green buildings. 


    Article 36 the people's governments of cities, districts and counties shall promote green and low-carbon technologies, develop green buildings and build a green building system. 


    Article 37 the following buildings shall apply green building technology in an all-round way and carry out planning, design and construction in accordance with the standards of green buildings: 


    (1) New construction, reconstruction and expansion of buildings invested by government financial funds. 


    (2) New public buildings with an area of more than 20,000 square meters. 


    (3) newly built residential areas and student apartments with an area of more than 100000 square meters. 


    (4) Civil buildings that are newly built, rebuilt or expanded within the national, provincial and municipal green ecological demonstration zones. 


    (5) newly built, rebuilt and expanded civil buildings in the Qinling Ecological Environment Reserve. 


    (6) other buildings as prescribed by laws and regulations. 


    Article 38 the planning and design plans of green building projects shall be compiled and examined in accordance with the relevant standards of green buildings. 


    Article 39 the units of construction, survey, design, construction, supervision and examination of construction drawings of green building projects shall implement the relevant standards of green buildings to ensure the quality and safety of green buildings. 


    Article 40 applications for green building marks shall be carried out in accordance with the relevant provisions. 


    Article 41 those designated as green urban areas or green buildings by the state or province shall be subsidized and rewarded in accordance with the relevant provisions of the state, province and this municipality. 


    Article 42 A property management unit that has obtained the evaluation mark of a green building shall establish a property management system in line with the characteristics of the green building, realize the benign operation of green buildings in the whole life cycle in the aspects of energy use system, reclaimed water, Rain Water utilization, indoor temperature control, classification of domestic waste, three-dimensional greening maintenance and efficient operation of solar energy system, etc.


    Chapter VI Application of Renewable Energy. 


    Article 43 the Municipal people's Government shall formulate policies to encourage the application of renewable energy in civil buildings, and support and guide the application of renewable energy in civil construction projects in this city. 


    Article 44 New civil buildings and energy-saving renovation projects of existing civil buildings are encouraged to choose suitable renewable energy sources. 


    New public buildings with financial investment by the government or more than 20,000 square meters shall apply renewable energy. 


    Article 45 for residential buildings in newly-built civil buildings and public buildings with demand for hot water supply, solar hot water system shall be adopted for domestic hot water supply, and unified planning, synchronous design, synchronous construction and synchronous acceptance shall be carried out in conjunction with the main project of the civil building. 


    New civil buildings with solar photovoltaic application conditions shall be equipped with a solar photovoltaic system, which shall be in line with the unified planning, synchronous design, synchronous construction and synchronous acceptance of the main project of the civil building. 


    Article 46 We shall encourage the development of heat pump systems such as reclaimed water source heat pumps, sewage source heat pumps and ground source heat pumps to replace conventional energy sources. 


    Article 47 the construction, construction and property management units of the application of renewable energy shall be encouraged to adopt market-oriented models such as contract energy management to improve the energy use efficiency of civil buildings.


    Chapter VII Energy Saving in the Operation of Energy consumption system in Civil buildings. 


    Article 48 the people's governments of cities, districts and counties shall strengthen the scientific research on the operation of the energy use system of civil buildings, publish guidance information on the energy use of civil buildings, strengthen the energy consumption monitoring of the energy use system of civil buildings, and improve the efficiency of energy utilization. 


    Article 49 the municipal administrative department in charge of housing construction shall, in accordance with the law, conduct energy audits on office buildings of state organs with high energy consumption and newly-built public buildings of more than 20,000 square meters, and publish the audit results to the public, building owners or users shall carry out energy-saving transformation in accordance with the audit results. 


    Article 50 the municipal administrative department in charge of housing construction shall establish a real-time monitoring platform for building energy consumption for citizens to itemize measurement, data collection and monitoring of building energy consumption. 


    New public buildings with financial investment of more than 20,000 square meters by the government shall, in accordance with national norms and technical guidelines, design, construct and use energy consumption monitoring information system synchronously, and realize data upload and docking with citizens using building energy consumption real-time monitoring platform. 


    Other owners of new and existing civil buildings shall gradually establish energy consumption monitoring information systems. 


    Article 51 decorative landscape lighting of civil buildings shall adopt energy-saving and environmental protection products to reduce energy consumption in operation.


    Chapter VIII legal liability. 


    Article 52 whoever, in violation of the provisions of Article 9 of these regulations, expressly or implicitly a design unit or construction unit carries out design or construction in violation of the compulsory standards for energy conservation of civil buildings, or uses technologies, processes and products listed in the catalogue prohibited by the state, provinces or municipalities shall be ordered by the administrative department in charge of housing construction to make corrections and impose a fine of not less than 200000 yuan but not more than 500000 yuan. 


    If, in violation of the provisions of Article 9 of these regulations, the design unit fails to design in accordance with the compulsory standards for energy conservation of civil buildings, or uses the technologies, processes and products listed in the national, provincial and municipal prohibited catalogues, the administrative department in charge of housing construction shall order it to make corrections and impose a fine of not less than 100, 000 yuan but not more than 300000 yuan. 


    If the circumstances are serious, the department that issued the qualification certificate shall order it to suspend business for rectification, lower the level of qualification or revoke the qualification certificate. 


    If, in violation of the provisions of Article 9 of these regulations, the construction unit fails to carry out construction in accordance with the compulsory standards for energy conservation of civil buildings, the administrative department in charge of housing construction shall order it to make corrections and impose a fine of not less than 2% but not more than 4% of the contract price of civil construction projects; if the circumstances are serious, the department that issued the qualification certificate shall order it to suspend business for rectification, lower the qualification grade or revoke the qualification certificate. 


    In violation of the provisions of Article 9 of these regulations, a construction unit that uses technologies, processes and products listed in the catalogue prohibited by the state, provinces or municipalities shall be ordered by the administrative department in charge of housing construction to make corrections and impose a fine of not less than 100,000 yuan but not more than 200000 yuan; if the circumstances are serious, the department that issued the qualification certificate shall order it to suspend business for rectification, lower the level of qualification or revoke the qualification certificate. 


    If, in violation of the provisions of Article 9 of these regulations, the supervision unit fails to carry out supervision in accordance with the compulsory standards for energy conservation of civil buildings, the administrative department in charge of housing construction 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 100,000 yuan but not more than 300000 yuan; if the circumstances are serious, the department that issued the qualification certificate shall order it to suspend business for rectification, lower the qualification grade or revoke the qualification certificate. 


    Article 53 in violation of the provisions of the second paragraph of Article 13 of these regulations, the use of clay solid bricks in newly built, rebuilt or expanded civil construction projects and their ancillary buildings and temporary facilities in the built area of this Municipality shall be dismantled; if they cannot be demolished, a fine of 50 yuan per cubic meter shall be imposed according to the amount of clay solid bricks used. 


    Article 54 any construction unit that violates the provisions of Article 19 of these regulations shall be ordered by the administrative department in charge of housing construction to make corrections within a time limit; if it fails to make corrections within the time limit, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed: 


    (1) failing to provide construction drawing design documents to the construction unit or supervision unit. 


    (2) energy-saving technologies, product information and energy-saving measures that have not been publicized at the construction site. 


    (3) failing to entrust a building energy-saving inspection institution with corresponding qualifications to inspect the energy-saving materials entering the construction site. 


    If, in violation of the provisions of Article 19 of these regulations, a construction unit issues a completion acceptance report on a civil construction project that does not meet the compulsory standards for energy conservation of civil buildings, the administrative department in charge of housing construction shall order it to make corrections and impose a fine of not less than 2% but not more than 4% of the contract price for civil construction projects. 


    Article 55 if, in violation of the provisions of Article 20 of these regulations, the construction drawing design documents provided by the design unit do not contain the relevant contents of building energy conservation, the administrative department in charge of housing construction shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, a fine of not less than 100,000 yuan and not more than 300000 yuan shall be imposed. 


    Article 56 if, in violation of the provisions of Article 21 of these regulations, the examination institution of construction drawing design documents fails to examine the construction drawing design documents of a civil construction project or issues a false certificate of qualification for examination, the administrative department in charge of housing construction 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 20,000 yuan but not more than 100,000 yuan. 


    Article 57 if a construction unit, in violation of the provisions of Article 22 of these regulations, uses energy-saving materials or products that have not been inspected or are not up to standard, the administrative department in charge of housing construction shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, a fine of not less than 100,000 yuan but not more than 500000 yuan shall be imposed. 


    Article 58 if, in violation of the provisions of Article 23 of these regulations, the supervision unit fails to formulate detailed rules for the implementation of the special supervision of building energy conservation, the administrative department in charge of housing construction shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, a fine of not less than 30,000 yuan and not more than 50,000 yuan shall. 


    Article 59 if, in violation of the provisions of Article 24 of these regulations, the construction project quality inspection institution fails to carry out inspection in accordance with the mandatory standards for building energy conservation, the administrative department in charge of housing construction shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan. 


    If, in violation of the provisions of Article 24 of these regulations, a construction project quality inspection institution issues a false inspection report, the administrative department in charge of housing construction shall order it to correct, confiscate the illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan. 


    Article 60 if, in violation of the provisions of Article 27 of these regulations, a real estate development enterprise fails to publicize the information on building energy conservation when selling commercial houses, the administrative department in charge of housing construction shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, a fine of not less than 30,000 yuan and not more than 50,000 yuan shall be imposed; if the above information is falsely publicized, it shall be ordered by the administrative department of housing construction to correct and impose a fine of not less than 50, 000 yuan and not more than 200000 yuan. 


    Article 61 if, in violation of the provisions of these regulations, the functional departments of the municipal, district or county people's governments and the administrative committees of the development zones commit any of the following acts, the persons directly in charge and other persons directly responsible shall be punished according to law; if the case constitutes a crime, criminal responsibility shall be investigated in accordance with the law: 


    (1) illegally implementing administrative license or administrative punishment. 


    (2) failing to perform the duty of supervision and inspection of energy conservation of civil buildings, resulting in serious consequences. 


    (3) other acts of abuse of power, dereliction of duty or malpractice for personal gain. 


    Article 62 where there are legal liability provisions for other acts in violation of the provisions of these regulations, such provisions shall apply. 


    Article 63 before a decision is made on the party concerned to be fined not less than 100,000 yuan in accordance with the provisions of these regulations, the party concerned shall be informed of the right to request a hearing.


    Chapter IX Supplementary provisions. 


    Article 64 this Law shall enter into force as of March 1, 2014.


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