The Regulations on the Development of Green Buildings in Hubei Province were released and will come into force on March 1, 2024

Source: Official website of Hubei People's Congress

Announcement of the Standing Committee of the Hubei Provincial People's Congress

(No. 338)

The Regulations on Green Building Development of Hubei Province, adopted at the Sixth Meeting of the Standing Committee of the 14th People's Congress of Hubei Province on December 1, 2023, is hereby promulgated and will come into force on March 1, 2024.

Standing Committee of Hubei Provincial People's Congress

December 1, 2023

Regulations on green building development of Hubei Province

Chapter I General rules

Article 1 In order to implement the concept of green development, promote carbon neutrality in urban and rural construction, standardize green building activities and improve the living environment, in accordance with the provisions of the Construction Law of the People's Republic of China, the Energy Conservation Law of the People's Republic of China, the Renewable Energy Law of the People's Republic of China, the Regulations on Energy Conservation in Civil Buildings and other laws and administrative regulations, These Regulations shall be formulated in light of the actual conditions of this province.

Article 2 These Regulations shall apply to the planning, construction, operation, renovation and supervision and management activities of green buildings in the administrative areas of this province.

The term "green buildings" as mentioned in these Regulations refers to high-quality civil buildings that save resources, protect the environment, reduce pollution, provide healthy, safe, applicable and efficient space for people to use, and realize harmonious coexistence between man and nature to the maximum extent during the whole life of the buildings.

Article 3 The development of green buildings adheres to the principles of people-oriented, low-carbon development, government promotion, market leadership, local conditions, overall consideration, science and technology leading, innovation driven.

Article 4 People's governments at or above the county level shall strengthen the leadership over the development of green buildings, incorporate the development of green buildings into the national economic and social development plan, establish and improve the target responsibility system and assessment and evaluation system, strengthen work coordination, and promote the development of green buildings within their respective administrative areas.

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 green building development and related activities within their respective administrative areas.

The development and reform, science and technology, economy and information technology, finance, natural resources, ecological environment, water administration, market supervision and management, financial supervision and management, administration of government organs and other departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in the development of green buildings.

Article 6 People's governments at or above the county level shall promote the establishment of a green building credit information management system, improve the credit system of the green building industry, and incorporate the green building practitioners and their behavior information into credit records.

Article 7 People's governments at or above the county level and their relevant departments shall, in light of local realities, extensively carry out green building publicity activities, popularize green building related knowledge, and promote the formation of a social atmosphere that adheres to low-carbon development and advocates green life.

Newspapers, radio, television, Internet and other media should strengthen the publicity of green buildings, improve the public's awareness and recognition of green buildings.

Encourage scientific research institutions, colleges and universities, enterprises and trade associations to carry out green building publicity and training, technology promotion, information consulting and other activities.

Article 8 The people's governments at or above the county level shall award units and individuals that have made outstanding achievements in promoting the development of green buildings in accordance with the relevant regulations of the State and province.

Chapter II Planning and construction

Article 9 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, reform and natural resources, organize the compilation of green building development plans of their respective administrative areas, and submit them to the people's governments at the same level for approval before announcing them to the public.

The green building development plan shall specify the green building development objectives, safeguard measures, overall layout, key development areas, renewable energy applications, green construction methods, green transformation of existing buildings and green building materials applications, and determine the goals and paths of energy conservation and carbon reduction. Green building development plans shall conform to urban planning and coordinate with special plans for comprehensive utilization of energy, comprehensive utilization of water resources, ecological environmental protection and urban infrastructure.

The construction of new urban areas and functional parks, as well as urban renewal and renovation of old urban areas, shall implement the requirements of green building development planning.

Article 10 The competent department of housing and urban and rural construction of the provincial people's government shall, together with the provincial market supervision and administration department, organize the compilation and improvement of local standards for green buildings, actively cultivate and develop group standards, guide enterprises to formulate enterprise standards, and establish and improve the green building standard system in combination with the natural environmental conditions and economic development level of the province.

Explore the inclusion of carbon emission related indicators in the green building standard system, accelerate the optimization of building energy structure, and promote the transformation of total energy consumption and intensity control of buildings to total carbon emission and intensity control.

The formulation of local standards for green buildings, group standards, etc., shall be widely solicited and announced to the public.

11th green buildings in accordance with the state regulations to implement grade management, from low to high divided into basic, one star, two stars, three stars.

New civil buildings in cities and towns shall fully implement the green building standards and be constructed in accordance with the requirements of the basic level of green buildings and above. The newly built government-subsidized housing shall be constructed in accordance with the requirement of no less than one star of green building; Guide real estate projects to be built in accordance with the requirements of no less than one star green building. New state organ office buildings, large public buildings, state-owned funds to participate in the investment and construction of public welfare buildings shall be built in accordance with the requirements of not less than two stars of green building. People's governments at or above the county level can implement higher requirements for green building grades in light of local realities.

New residential buildings in rural areas are encouraged to be constructed in accordance with green building standards.

People's governments at or above the county level shall carry out centralized demonstrations of green buildings, promote the creation of green communities and green cities, and promote the large-scale and intensive development of green buildings.

Article 12 The competent departments of development and reform of the people's governments at or above the county level shall incorporate the green building grade requirements into the scope of energy conservation assessment and review of the project when conducting the approval of government-invested urban new civil building projects.

Article 13 The competent department of natural resources of the people's government at or above the county level shall clarify the requirements for the grade of green buildings in the planning conditions for construction land, and incorporate the requirements for the grade of green buildings into the scope of the review of construction project planning, and verify whether the new civil buildings in cities and towns meet the planning conditions. The construction project planning permit shall indicate the requirements for the grade of green building.

Article 14 Construction units shall, in accordance with the grade requirements of green buildings, strengthen quality control over the whole process of green building construction.

The feasibility study report or project proposal of the construction project shall contain the requirements of green building grade, and the relevant construction costs shall be included in the project investment estimate budget.

The construction unit shall specify the requirements of green building grade, prefabricated building, green building materials and renewable energy application in the bidding documents and contracts of construction project design, construction and supervision, and urge all construction participants to implement them.

Green building projects are encouraged to apply for pre-evaluation of green building projects in a timely manner after the completion of construction drawing design documents, and apply for green building identification after completion acceptance.

Article 15 A design unit shall design a project according to the requirements of the green building grade and compile a green building design paper; Before the completion and acceptance of the green building project, the green building project acceptance evaluation opinions shall be issued.

16th construction drawing design document review institutions shall be in accordance with the green building grade requirements, the construction drawing design document review. If it has not been examined or fails to meet the requirements after examination, it shall not issue a certificate of approval for the construction drawing design document.

No unit or individual may modify the design documents of construction drawings that have passed the examination without authorization; If it is really necessary to change the grade requirements of green buildings, the construction unit shall send the revised construction drawing design documents to the original examination institution for re-examination.

Article 17 Construction units shall incorporate green building technical measures and other relevant contents into construction plans and organize implementation according to construction drawing design documents and green building standards; Before the completion and acceptance of the project, the green building project self-assessment report shall be issued.

The construction unit shall give priority to the use of building materials that have obtained the green building materials certification mark, and inspect the building materials that enter the construction site; Building materials that do not meet the requirements of the construction drawing design document shall not be used.

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

Article 18 The supervision unit shall, in accordance with the construction drawing design documents and green building standards, prepare special supervision plans and implement supervision, and issue the green building project acceptance evaluation report before the completion of the project.

Article 19 Project quality testing institutions shall, in accordance with the quality management requirements of construction projects and relevant standards, implement special green building testing work, issue a test report including energy efficiency assessment, and be responsible for the authenticity and accuracy of test data and test reports.

Article 20 When the construction unit organizes the project completion acceptance, it shall check the special contents of green buildings. If a construction project fails to comply with the construction drawing design documents and the green building standards, the completion acceptance report shall not be issued. After the completion and acceptance, the relevant materials shall be submitted to the urban construction archives management institution in a timely manner.

Article 21 Real estate development enterprises selling commercial houses in the administrative area of this province shall express the relevant information such as green building grade and main technical indicators to the buyer, and set it out in the housing sale contract, quality guarantee certificate and operation manual, and be responsible for its authenticity and accuracy.

Article 22 The competent departments of housing and urban and rural construction of the people's governments at or above the county level shall incorporate the implementation of green building grade requirements into the quality and safety supervision system of construction projects, and supervise the quality of construction projects and the behavior of each participant in construction in accordance with relevant laws, regulations and standards.

Article 23 The competent department 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, through the green building information platform, publish the information of green buildings in their respective regions in a timely manner.

Chapter three operation and transformation

Article 24 Before a new green building is put into use, the construction unit shall provide the owner of the building, the owner of the use right or the operation management unit with the grade of the green building, key technical indicators, as well as the brand, model, maintenance, warranty and other information of the relevant facilities, equipment and materials.

Article 25 The owner of the green building or the right to use the green building shall establish and improve the relevant system, equipped with professional and technical personnel, to maintain and maintain the facilities and equipment of the green building, to ensure the normal operation of the green building. Where a property service enterprise or professional service institution is entrusted with maintenance and maintenance, the service content that meets the requirements of green building operation shall be specified in the service contract.

Article 26 The operation and maintenance of green buildings shall meet the following requirements:

(1) Complete operation and management system;

(2) The roof, external walls, external doors and Windows and other building enclosures are safe and intact, and the facilities and equipment such as shading are in normal and safe operation;

(3) The normal and safe operation of heating, ventilation, air conditioning, elevators, lighting, water supply and drainage, power supply, communications, gas, renewable energy, fire fighting facilities, barrier-free facilities and other equipment systems;

(4) Energy saving, water saving, carbon emissions and other indicators comply with the provisions of the State and the province;

(e) indoor temperature and humidity, noise, lighting, air quality and other environmental indicators meet the relevant requirements of green buildings;

(6) Complete green space and intact vegetation;

(7) The discharge and disposal of waste gas, sewage, solid waste and other harmful substances shall comply with the provisions of the State and this province;

(8) Other requirements stipulated by the State and this province.

27th people's governments at or above the county level housing and urban and rural construction, development and reform, government office affairs management and other departments shall strengthen the supervision and management of the operation of green buildings, green building safety and durability, health and comfort, convenience of life, resource conservation, livable environment and other aspects of the performance of the organization to carry out post-assessment. Those that no longer meet the corresponding green building grade requirements shall be dealt with in accordance with the relevant regulations of the State and this province.

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 relevant departments of ecological environment and administration of government offices, establish and improve the system of energy consumption statistics, energy auditing and energy efficiency publicity of public welfare buildings with state organ office buildings, large public buildings and state-owned funds participating in the investment and construction, so as to improve the energy efficiency of public buildings.

Article 28 People's governments at or above the county level shall, in accordance with the relevant provisions of the State and the province, formulate plans for the renovation of existing buildings, clearly define the objectives, scope and requirements of the renovation, and make plans to promote the green transformation of existing civil buildings. Existing building renovation projects are encouraged to be implemented in accordance with green building standards, and green building identification.

We will support the greening of government office buildings, large public buildings, and public welfare buildings invested and constructed with state funds. Encourage the application of market-oriented transformation models such as contract energy management and cooperation between government and private capital to promote the green transformation of public buildings.

Encourage the combination of urban renewal, the renovation of old urban areas, the renovation of old urban areas, the seismic reinforcement of existing buildings and the renovation of old buildings, give play to the role of special housing maintenance funds, and promote the government, residents and social funds to participate in the green transformation of existing residential buildings.

Rural residential buildings are encouraged to adopt local materials and traditional techniques according to local conditions, and promote the application of building wall insulation, energy-saving doors and Windows, and renewable energy application technologies such as solar energy, geothermal energy, air thermal energy, and biomass energy for green transformation.

Chapter four: Technology application and incentive measures

Article 29 People's governments at or above the county level shall take effective measures to promote the application of new technologies and products in intelligent construction, and improve the industrialization, digitalization and intellectualization of green buildings.

People's governments at or above the county level shall include key green building technologies in the key areas of scientific and technological research and development, support the construction of green building public technical service platforms and research and development institutions, and promote the transformation of green building scientific and technological achievements.

Encourage and support scientific research institutions, colleges and universities, enterprises, industry associations, etc. to carry out green building technology innovation based on Jingchu architectural characteristics.

Article 30 Support and encourage the use of the following green building technologies in urban civil buildings:

(A) high-performance wall insulation, doors and Windows and building insulation, shading technology;

(2) high-strength reinforcement and high-performance concrete, recycled aggregate concrete technology;

(3) rainwater and reclaimed water utilization technology;

(4) renewable energy application technologies;

(5) integrated decoration technology;

(6) construction waste resource utilization technology;

(7) Building information model and other information technology;

(8) Intelligent construction and prefabricated construction technology;

(9) ultra-low energy consumption and other energy-saving building technologies;

(10) Application technology of biodegradable building materials such as bamboo;

(11) Other advanced and appropriate green building technologies.

The competent department of housing and urban and rural construction of the provincial people's government shall formulate, publicize and timely update the green building technology promotion catalogue.

Article 31 New civil buildings and existing large public buildings in cities and towns shall adopt one or more renewable energy sources in accordance with the relevant provisions of the State and this province. The renewable energy application system shall be designed, constructed, inspected and put into use at the same time as the main building project.

Encourage other existing buildings to retrofit with renewable energy applications on the basis of safety performance.

Article 32 The relevant departments of housing and urban and rural construction of the people's governments at or above the county level shall promote the application of green building materials and gradually increase the application proportion of green building materials in construction projects.

Promote government procurement to support the application of green building materials, and state organ office buildings, large public buildings and public welfare buildings with state-owned funds should give priority to the use of green building materials. Encourage the use of green building materials in construction projects invested by social capital. Encourage units or individuals to use green building materials for decoration.

People's governments at or above the county level shall support enterprises to carry out technological transformation of green building materials production and application, and promote the integrated development of green building materials and green building industries.

Article 33 The people's governments at or above the county level shall, in light of the actual development of local green buildings, incorporate the funds for promoting the development of green buildings into the financial budgets at the corresponding levels, focusing on encouraging and supporting the following activities:

(a) green building concentrated demonstration, star green building project demonstration and ultra-low energy building demonstration, as well as green transformation demonstration of existing buildings;

(2) the application of renewable energy, the application of green building materials and the utilization of construction waste;

(C) green building related new technologies, new processes, new materials, new equipment research and development, promotion and application and standard formulation;

(4) Green building identification and management, green building materials identification certification;

(e) green building policies, regulations, technical standards and other publicity training, personnel training and public information services;

(6) Other work to promote the development of green buildings.

Article 34 Support shall be given to those who construct, purchase or operate green buildings or carry out green transformation of existing civil buildings in accordance with the following provisions:

(A) Qualified green building and prefabricated building new technology, new technology, new materials, new equipment research and development expenses, in accordance with the relevant provisions of the State to enjoy tax deduction and other preferential policies;

(2) Star-rated green buildings and residential buildings that meet the construction standards of near-zero energy consumption buildings, the construction area increased due to the use of external insulation is not included in the plot ratio calculation;

(3) Projects and their borrowers that meet the credit conditions of the green building industry shall enjoy project financing, working capital loans, green building insurance, green building mortgage loans and other financial support. If the commercial housing purchased by the depositor of the housing provident fund is a star-rated green building, on the basis of the loanable amount calculated by the depositor, the green building will float step by step.

(4) Green buildings that use shallow geothermal energy for heating and cooling shall be given preferential electricity prices and reduced water resources charges according to law;

(5) For civil buildings using renewable energy sources such as solar energy, shallow geothermal energy, and air thermal energy, when calculating building energy consumption, the corresponding energy consumption amount shall be deducted from the conventional energy substitution amount;

(6) Star green buildings, A-level and above prefabricated buildings, ultra-low energy consumption buildings, near-zero energy consumption buildings and other projects are given priority in the evaluation of various engineering construction projects and the selection of related demonstration projects;

(7) Green transformation of relevant residential buildings shall be supported when applying for special maintenance funds for residential buildings.

The people's governments of cities and autonomous prefectures divided into districts may formulate other supporting policies in accordance with the actual local conditions.

Chapter V Legal liability

Article 35 Where there are provisions of laws and regulations in violation of these Regulations, such provisions shall prevail.

Article 36 Where a people's government at or above the county level finds that a people's government at a lower level fails to perform its statutory duties in accordance with law, it shall urge it to make corrections in a timely manner; If he refuses to make corrections, interview the principal person in charge; Those who fail to complete the annual assessment objectives shall be notified for criticism.

Article 37 Where, in violation of the provisions of paragraph 3 of Article 14 of these Regulations, a construction unit fails to specify the grade of green building and relevant requirements in the bidding documents and contracts for the design, construction and supervision of a construction project, 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; Those who fail to make corrections within the time limit shall be fined not less than 200,000 yuan but not more than 500,000 yuan.

Article 38 Where, in violation of the provisions of paragraph 1 of Article 16 of these Regulations, an examination institution for the design documents of construction drawings issues a certificate of approval for the design documents of construction drawings that have not been examined or that do not meet the requirements of green building grade after examination, 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 and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; If the circumstances are serious, it will no longer be included in the list of examination bodies.

Article 39 Where a project quality testing institution, in violation of Article 19 of these Regulations, issues false test data or test reports, 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 and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; If harmful consequences are caused, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 40 Where state organs and their staff abuse their power, neglect their duties or engage in malpractices for personal gains in the supervision and administration of green building activities, 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 according to law.

Chapter VI Supplementary Provisions

Article 41 The construction or renovation of green buildings of other types than civil buildings shall be carried out in accordance with these Regulations.

Article 42 The meanings of the following terms in these Regulations:

(1) Civil buildings refer to buildings for people to live in and carry out public activities, including mainly residential buildings, office buildings of state organs and public buildings for commerce, services, education and health.

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

(3) Prefabricated buildings refer to buildings assembled with prefabricated parts on the site, including prefabricated concrete buildings, prefabricated steel structures, prefabricated wood structures, etc.

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

Article 43 These Regulations shall come into force as of March 1, 2024