Regulations of Chengdu on the Promotion of Green Buildings

From the Standing Committee of the Chengdu People's Congress

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Construction Law of the People's Republic of China, the Energy Conservation Law of the People's Republic of China, the Regulations on Energy Conservation of Civil Buildings and other laws and regulations and in light of the actual conditions of Chengdu City in order to reduce the energy consumption of buildings, promote the high-quality development of green buildings, promote the construction of parks and urban demonstration areas, and help achieve carbon peak and carbon neutrality.

Article 2 These Regulations shall apply to the planning, design, construction, operation, renovation, demolition and other activities related to green buildings in the administrative area of this Municipality, as well as their supervision and administration.

Article 3 The term "green buildings" as mentioned in these Regulations refers to high-quality buildings, including civil buildings and industrial buildings, that save resources, protect the environment, reduce pollution, provide users with healthy, suitable and efficient space for use, and achieve harmonious coexistence between man and nature to the maximum extent during the whole life of the buildings.

Article 4 The development of green buildings shall follow the principles of overall planning, government guidance, classified guidance, market promotion, public participation, adaptation to local conditions, green and low-carbon, based on the current situation and long-term perspective.

Article 5 Green buildings shall be subject to grade management in accordance with State regulations, and relevant requirements of the State and Sichuan Province shall be strictly implemented.

The municipal and district (city) county people's governments may, in light of the actual development of green buildings within their jurisdiction, formulate requirements for the implementation of green buildings.

The implementation requirements for green buildings mentioned in the preceding paragraph include the grade of green buildings, the assembly rate of prefabricated buildings and the average energy saving rate of buildings.

Article 6 The municipal and district (city) county people's governments shall comprehensively promote the development of green buildings, incorporate them into the national economic and social development planning system at the corresponding level and the assessment system for the dual control of energy consumption intensity and total volume, and coordinate the major issues concerning the development of green buildings within their jurisdiction.

Article 7 The municipal and district (county-level) competent housing and construction departments shall be responsible for the guidance, supervision and administration of activities related to the development of green buildings within their respective jurisdictions.

Municipal and district (city) county departments concerned, such as development and reform, economy and information technology, science and technology, finance, planning, natural resources, ecological environment, urban management and market supervision, shall, in accordance with their respective responsibilities, jointly do a good job in the development of green buildings.

Article 8 The municipal and district (city) county people's governments may, in accordance with the relevant regulations of the State, Sichuan Province and this municipality, commend and award units and individuals that have made outstanding achievements in the development of green buildings.

Article 9 The municipal and district (county-level) competent departments of housing and construction shall carry out publicity of green buildings, popularize professional knowledge of green buildings and enhance the public's understanding of green buildings.

Construction trade associations are encouraged to establish and improve a green building technical service system, carry out green building publicity and training, technical exchanges and information consultation, and enhance the professional competence of relevant employees, technical level and overall strength of enterprises.

Chapter II Planning and project approval

Article 10 The municipal competent department of housing and Urban-Rural development shall, together with the departments of development and reform, planning and natural resources, organize the formulation of the development plan for green buildings, incorporate the contents of the relevant special plans for the construction industry, and submit them to the municipal People's Government for approval before promulgation them to the society.

The development plans for green buildings shall specify the development objectives, standards for classification and classification of green buildings, implementation requirements, green transformation of existing buildings and technological promotion, etc.

The development plans for green buildings shall conform to the plans for national territory and space, and be coordinated with the relevant plans for ecological and environmental protection, comprehensive utilization of energy, comprehensive utilization of water resources, development and utilization of underground space, comprehensive utilization of solid waste, and urban infrastructure construction.

Article 11 The grades of green buildings in this Municipality shall be divided into basic, one-star, two-star and three-star categories for civil buildings and one-star, two-star and three-star categories for industrial buildings.

The planning, design and construction of new civil buildings in this Municipality shall adopt the green building standards of basic grade and above; The planning, design and construction of new industrial buildings shall adopt the standard of one-star green building or above.

Article 12 New buildings shall be planned, designed and constructed in accordance with the relevant requirements of the State, Sichuan Province and this Municipality on prefabricated buildings by classification and classification.

Article 13 A construction unit shall specify the implementation requirements for green buildings in the feasibility study report of a construction project and other documents, and include the relevant construction expenses into the total project investment.

The competent departments of development and reform shall include the implementation requirements of green buildings determined by the competent departments of housing construction into the approval documents of government investment projects, and include the relevant construction expenses into the total investment of the projects.

Article 14 The departments in charge of planning and natural resources shall incorporate the requirements for the implementation of green buildings in the construction conditions into the conditions and plans for the transfer of state-owned land and the annex to the contract or the annex to the decision on the allocation of state-owned land.

Article 15 A construction unit shall incorporate the general layout, orientation, sunshine and other planning requirements into the design scheme of a green building construction project.

Chapter III Design and construction

Article 16 Construction units shall carry out construction in accordance with the requirements for the implementation of green buildings, and shall specify the requirements for the implementation of green buildings in such entrusted documents as consultation, design, construction and supervision.

The construction unit shall not express or imply that the design, construction and supervision units reduce the requirements for the implementation of green buildings, or use building materials, building structures, accessories and facilities that do not meet the requirements of the construction drawing design documents.

Article 17 A design unit shall carry out the design of construction drawings in accordance with the requirements for the implementation of green buildings. The construction drawing design document shall include a green building section. Where laws or regulations provide otherwise, such provisions shall prevail.

Article 18 A construction drawing examination institution shall examine whether the design documents of the construction drawing meet the requirements for the implementation of green building. If the documents have not been examined or fail to meet the requirements after examination, it shall not issue a certificate of approval for the examination of the design documents of the construction drawing.

For projects subject to the commitment system of self-examination of construction drawing design documents, the construction and design units shall ensure that the construction drawing design documents conform to the implementation requirements of green building, and shall make a written commitment.

Article 19 A construction unit shall organize relevant responsible subjects to make disclosure of construction techniques and take the implementation requirements of green buildings as disclosure content.

The construction unit shall implement the relevant national technical standards for green construction, according to the implementation requirements for green buildings, prepare the construction plan and organize the construction according to the qualified construction drawing design documents, and publicize the implementation requirements for green buildings of the construction project at the construction site.

Article 20 Supervision units shall, in accordance with the requirements for green building implementation and the qualified construction drawing design documents and construction plans, formulate a supervision plan and implement the supervision.

Article 21 A project quality testing institution shall, in accordance with the quality control requirements of construction projects and relevant standards, inspect the quality of green building projects and issue a test report.

Article 22 The competent department of residential construction shall bring the implementation of green buildings into the scope of supervision over completion acceptance inspection.

When the construction unit organizes the design, construction, supervision and other relevant units to carry out the completion acceptance check, it shall check whether it meets the implementation requirements of green building. If it fails to meet the requirements, it shall not pass the completion acceptance check.

The permanent sign of completion of the project shall specify the implementation requirements of the green building.

Article 23 The construction unit shall publicize the implementation requirements of green buildings, the main green performance indicators, energy conservation measures and protection requirements, the warranty period of thermal insulation projects and other information on the commercial housing sales site, and specify the information in the sales contract of commercial housing, the residential quality guarantee certificate and the residential operation manual.

Article 24 The competent housing and construction departments and their subordinate supervisory organs shall, in accordance with their respective functions and project management limits, and in accordance with laws and regulations and the requirements for green building implementation, take the following measures for supervision and inspection:

(1) Require the inspected units to provide documents and materials related to project quality;

(2) entering the construction site of the unit under inspection for inspection;

(3) When any problem affecting the quality of the project is found, it shall be ordered to correct it within a time limit.

Article 25 The green building marks shall follow the principle of voluntary declaration, and the accreditation procedures and standards shall be carried out in accordance with the relevant regulations of the State, Sichuan Province and this Municipality.

Chapter Four Operation and transformation

Article 26 After the completion and acceptance of the project, the construction unit shall timely hand over the relevant technical data of the green building to the owner, the user of the right to use the green building or the property service agent entrusted by the construction unit.

Article 27 The owner or user of the right to use a green building shall maintain and maintain the facilities and equipment of the green building, and may also entrust the property service personnel to carry out the maintenance, so as to ensure that the green building meets the corresponding grade requirements in operation.

If the property service agent is entrusted to implement the service, the service contract shall specify the contents of regular maintenance and maintenance of green building related facilities and equipment, and regularly publicize the operation status of green building facilities.

Encourage green building owners, use rights holders or their entrusted property service personnel to establish intelligent building operation and management platforms to improve the operation efficiency of building facilities and equipment.

When renovating a building, the original enclosure structure, energy consumption monitoring equipment and systems, renewable energy utilization systems and other facilities shall not be damaged.

Article 28 The operation and management of green buildings shall meet the following requirements:

(1) Complete management systems for energy saving, water saving and indoor and outdoor environment maintenance;

(2) The energy-saving building envelope is intact, and the equipment and systems for energy saving, water saving and energy consumption monitoring are in normal operation;

(3) The automatic monitoring system of heating, ventilation, air conditioning, lighting and other common facilities and equipment is in normal operation;

(4) Exhaust gas, sewage and other pollutants generated in the operation process shall be discharged according to the standards, rain and pollution diversion shall be implemented, energy and water conservation indicators shall meet the national and Sichuan regulations, indoor temperature and humidity, noise, lighting, air quality and other environmental indicators shall meet the standards;

(5) Other requirements for the operation of green buildings stipulated by the State and Sichuan Province.

Article 29 For newly built, rebuilt or expanded office buildings of State organs and public buildings with a total floor area of more than 20,000 square meters, and for existing office buildings of State organs and large public buildings to carry out energy-saving renovation, energy consumption monitoring equipment and systems with remote transmission function shall be designed and installed simultaneously. After the acceptance of the building energy conservation project and before the completion of the project acceptance, the building energy consumption monitoring equipment and system will be networked with the municipal intelligent building system to achieve online monitoring.

The municipal and district (county-level) people's governments shall establish a data sharing mechanism for the use of water, electricity, gas and heat for civil buildings, so as to enhance the capacity of monitoring building energy consumption.

Article 30 Public buildings may not exceed the energy consumption quota. If large public buildings, office buildings of state organs, government-invested and public buildings mainly invested by the government exceed the energy consumption quota, effective measures shall be taken to reduce the energy consumption of the buildings to the limit.

The energy consumption quota standards for public buildings shall be formulated by the municipal competent department of housing and construction together with relevant departments.

Article 31 Municipal and district (city) county people's governments shall, in light of urban renewal, promote the green renovation of existing buildings according to local conditions, formulate renovation plans and organize their implementation.

Existing large public buildings, office buildings of state organs, government-invested and public buildings mainly invested by the government that fail to meet the corresponding green building standards after assessment shall be included in the green renovation plan.

Article 32 This Municipality encourages the adoption of contractual energy management, professional trusteeship for green operation and other innovative modes in the operation of green buildings and the green renovation of existing buildings.

The office buildings of state organs shall gradually adopt the contract energy management mode for renovation.

Chapter V Technology and promotion

Article 33 This Municipality encourages the research and development and popularization of energy-saving and low-carbon technologies, advocates the construction of high-star green buildings, vigorously promotes ultra-low energy consumption and nearly zero energy consumption buildings, develops zero-carbon buildings, and improves the quality of green buildings.

Article 34 This Municipality implements the certification and marking system of green building materials products, and encourages enterprises to carry out technological transformation of green building materials production and application.

The municipal and district (city) county people's governments and relevant departments shall, in accordance with the requirements for green, low-carbon and healthy development, vigorously cultivate green building materials production enterprises and accelerate the popularization and application of green building materials.

Article 35 This Municipality actively promotes the utilization of renewable energy technologies such as solar energy, biomass energy, geothermal energy, air source and ground source heat pump, as well as the application of energy-saving and water-saving technologies such as thermal insulation of envelope structures, rainwater storage and utilization, and recycled water utilization, and promotes green products such as intelligent building products, indoor environmental products, permeable water products, high-efficiency and energy-saving lighting products suitable for this region.

Article 36 The green building parking lot or parking garage shall be equipped with electric vehicle charging facilities in accordance with the relevant regulations of the State and Sichuan Province.

Article 37 The municipal and district (city) county people's governments and relevant departments shall promote the coordinated development of intelligent construction and construction industrialization, and promote the interconnection of the whole elements, the whole industrial chain and the whole value chain of the construction industry by speeding up the application of building information model, implementing the prefabricated construction method, popularizing intelligent construction and exploring intelligent management innovation.

Article 38 The demolition of buildings shall reduce dust, noise and other pollution and reduce the impact on the surrounding environment.

The house demolition project implements the integrated management of house demolition, comprehensive utilization of construction waste and clearing and transportation.

Encourage on-site demolition projects that are qualified for comprehensive utilization to carry out comprehensive utilization on site.

Chapter VI Promotion and Development

Article 39 The municipal and district (city) county people's governments shall formulate policies and measures to support the development of green building industry, support green building demonstration projects and industrial bases, and speed up the cultivation of green building enterprises with international competitiveness.

Article 40 The municipal and district (county-level) competent departments of science and technology shall increase their support for the research and development of key technologies and innovative products of green building and promote the transformation of scientific and technological achievements of green building.

Institutions of higher learning are encouraged to set up courses related to green building and train green building technical personnel.

Article 41 The municipal and district (city) county people's governments shall increase financial support for green buildings, with emphasis on the following areas:

(1) Compilation of development plans for green buildings, as well as statistics, monitoring and operational evaluation of building energy consumption;

(2) Research, development and promotion of green building technologies and products;

(3) Project demonstrations of ultra-low energy consumption buildings, near-zero energy consumption buildings, high-star green buildings, prefabricated buildings with high assembly rate, and renewable energy technologies;

(4) Green renovation of existing buildings and application of contract energy management.

Article 42 Enterprises, institutions of higher learning and scientific research institutions are encouraged to research and develop new green building technologies, new processes, new materials and new equipment, and relevant research and development expenses may enjoy preferential tax policies in accordance with State regulations.

Enterprises implementing green building projects and building materials for comprehensive utilization of resources whose utilization ratio of new wall materials and waste meets the requirements shall enjoy preferential tax policies according to regulations.

Article 43 For green buildings and prefabricated buildings that meet the relevant standards of the State and Sichuan Province and the requirements of urban and rural planning, the floor area increased by the adoption of wall insulation technology will not be included in the calculation of floor area ratio. The floor area of the overhead part of the first floor is not included in the calculation of the floor area ratio for the common part that is not closed, such as public greening, passageway, public sports facilities and children's amusement facilities. The specific provisions shall be formulated separately by the municipal people's Government.

Article 44 Establish and improve the collection, evaluation and application mechanism of green building credit information, and in accordance with relevant regulations, credit incentive bonus points may be given to the construction, survey, design, construction and supervision units for the green building projects that have been commended, rewarded or rated as demonstration projects.

The projects that have obtained the high star green building mark shall be given priority in the evaluation of various architectural engineering awards.

Article 45 Encourage financial institutions to include green building projects in the scope of key support for green finance, guide and support financial institutions and enterprises to issue green bonds to support qualified green building projects.

Article 46 Encourage and guide social capital to actively participate in the development of green buildings.

We will encourage and support natural, legal and unlegal organizations to take an active part in the work related to green buildings.

Chapter VII Legal Liability

Article 47 Where a construction unit violates the provisions of Article 16 or Article 22 of these Regulations in any of the following circumstances, the competent department of housing and construction shall order it to make corrections within a time limit; Those who fail to make corrections within the time limit shall be punished according to the following provisions:

(1) Those who fail to specify the requirements for the implementation of green buildings in the entrusting documents of consultation, design, construction and supervision shall be fined between 30,000 yuan and 50,000 yuan;

(2) If the entrusted unit explicitly or implicitly reduces the requirements for the implementation of green buildings or uses building materials, building structures, accessories and facilities that do not meet the requirements of the construction drawing design documents, it shall be fined not less than 200,000 yuan but not more than 500,000 yuan;

(3) A fine of not less than two percent but not more than four percent of the contract price shall be imposed on those who pass the completion acceptance inspection of the projects that do not meet the requirements for the implementation of green buildings.

Article 48 Where a design unit, in violation of the provisions of Article 17 of these Regulations, fails to design construction drawings in accordance with the requirements for the implementation of green buildings, the competent housing department shall order it to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 100,000 yuan but not more than 300,000 yuan.

Article 49 Whoever, in violation of the provisions of Paragraph 1 of Article 18 of these Regulations, issues a certificate of approval for the design documents of construction drawings that do not meet the requirements for the implementation of green building shall be imposed a fine of 30,000 yuan.

Article 50 Where, in violation of the provisions of paragraph 2 of Article 19 of these Regulations, the construction unit fails to organize the construction of the green building in accordance with the relevant requirements, the competent department of housing and construction shall order correction within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 2 percent but not more than 4 percent of the project contract price.

Article 51 Where, in violation of the provisions of Article 20 of these Regulations, a supervision unit fails to prepare a supervision plan according to the requirements for green building implementation, according to the qualified construction drawing design documents and construction plans, or fails to implement the supervision plan according to the plan, the competent department of housing and construction shall order correction within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 100,000 yuan but not more than 300,000 yuan.

Article 52 Where an engineering quality testing institution, in violation of the provisions of Article 21 of these Regulations, issues a false test report on a green building project, the competent department of housing and construction shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.

Article 53 In violation of the provisions of Article 23 of these Regulations, the construction unit fails to publicize the implementation requirements of green buildings, the main green performance indicators, energy conservation measures and protection requirements, the warranty period of thermal insulation projects and other information at the commercial house sales site, or fails to include the above information in the commercial house sales contract, the residential quality guarantee certificate and the residential operation manual, The competent department of housing and construction shall order correction within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 30,000 yuan but not more than 50,000 yuan.

Those who make false propaganda of the information mentioned in the preceding paragraph shall be ordered by the competent department of housing and construction to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 200,000 yuan.

Article 54 Whoever, in violation of the provisions of paragraph 4 of Article 27 of these Regulations, damages the original building envelope structure, energy consumption monitoring equipment and system, renewable energy utilization system and other facilities shall be ordered by the competent department of housing and construction to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 100,000 yuan.

Article 55 Where a construction unit, in violation of the provisions of the first paragraph of Article 29 of these Regulations, fails to simultaneously design and install energy consumption monitoring equipment and systems as required, or fails to connect to the municipal intelligent building system for online monitoring, the competent department of housing and construction shall order correction within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 50,000 yuan; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed.

Article 56 Where the relevant administrative organs, supervisory organs and their staff violate these Regulations and fail to perform their duties in the supervision and administration of green buildings according to law, they shall be ordered to make corrections according to law, be criticized in a circular, and the directly responsible persons in charge and other directly responsible persons shall be dealt with according to law.

Article 57 If the administrative penalties mentioned in these Regulations are included in the comprehensive administrative law enforcement of urban management, the comprehensive administrative law enforcement department of urban management shall be responsible for implementing them.

Article 58 If a unit or individual is punished in accordance with the provisions of these Regulations, the competent department of the relevant industry shall record the punishment as a bad act and take disciplinary measures against trust-breaking according to laws and regulations.

Article 59 For other acts violating the provisions of these Regulations, laws and regulations already provide for punishment, such provisions shall prevail.

Chapter VIII Supplementary Provisions

Article 60 This Municipality encourages rural households to adopt green building related technologies and measures in their self-built houses.

Article 61 In these Regulations, the following terms have the meaning:

(1) Large public buildings refer to public buildings with a single building area of more than 20,000 square meters.

(2) High-star green buildings refer to green buildings with two stars or above.

(3) Prefabricated construction refers to a construction consisting of prefabricated parts assembled on site.

(4) Assembly rate refers to the comprehensive proportion of prefabricated parts used in the main structure, enclosing wall and internal partition wall, decoration and equipment pipeline of a single building above the outdoor floor.

(5) High assembly rate means an assembly rate of more than 60 percent calculated according to national standards.

Article 62 These Regulations shall come into force as of March 1, 2023.