Construction License Management Approach

Original Language Title: 建筑工程施工许可管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398570.shtml

Construction license management approach

    (Released June 25, 2014, Ministry of housing and urban-rural development, 18th October 25, 2014) first in order to strengthen the supervision and management of construction activity, maintain the order of the construction market, ensure the quality and safety of construction projects, according to the People's Republic of China Building Act, these measures are formulated.

Article in the People's Republic of China territory of various types of housing and their subsidiary facilities construction, decoration and accessory lines, piping, equipment installation, as well as the towns of municipal infrastructure projects under construction, the construction units before construction should be in accordance with the regulations, to the local people's Governments at or above the county level, where the engineering departments of housing and urban-rural construction (hereinafter issuing authority) the application for a construction license. Engineering investment in an area of 300,000 yuan, or 300 square metre building projects, you can apply for a construction permit.

The provinces, autonomous regions and municipalities directly under the people's Government Department of housing and urban-rural construction according to the situation on the ground, to adjust the limit, and reported to the Department of housing and urban-rural construction by the State Council for the record.

    Limits of authority and procedures approved by the State Council work report of building works, no longer receiving the construction permit.

Article III of these measures shall apply for building works has not obtained the construction permit obtaining construction licenses, are not allowed to start.

    No unit or individual shall not be entitled to limit for construction licenses projects into several projects, avoiding the application of construction permits.

Fourth owner apply for construction permits, subject to the following conditions and submit the corresponding documentation:

(A) for land approval according to law, and has provided the construction approval.

(B) in the construction of city and town planning area, construction project planning permit has been made.

(C) the construction site has been basic to the construction conditions, be allowed in houses, its timing is in accordance with construction requirements. (D) has identified the construction enterprise.

Tenders no to in accordance with the provisions of the tender, should be an open tender works without competitive bidding or contracting of engineering and Enterprise Engineering subcontractors do not have appropriate qualifications, determined by the construction enterprise is not valid.

(E) to meet the construction needs of technical data, construction drawing design documents required examination. (F) specific measures to ensure the quality and safety of the project. In preparation of construction organization design in construction enterprises under construction make the appropriate quality and safety measures. Establishing accountability and the implementation of quality and safety to the people.

The project developed a special, highly specialized construction organization design for quality, safety and in accordance with the provisions of the project quality and safety supervision procedures.

(VII) in accordance with the provisions of the supervisor of engineering supervision has been entrusted. (H) the construction funds had already been implemented. Construction period of less than one year, in principle, funds shall be not less than 50% of the contract price, project more than a year, in principle, funds shall be not less than 30% of the contract price.

Employer should provide this as no outstanding works, the date of application of the undertaking or be able to show that its arrears of other materials, as well as bank proof of funds, conditional bank payment letter of guarantee or other third parties.

(IX) other conditions stipulated by laws and administrative regulations.

    Local people's Governments at or above the county level departments of housing and urban-rural construction must not violate laws and regulations, the addition of other conditions of apply for construction permits.

Fifth to apply for construction permits, should be carried out in accordance with the following procedure:

(A) the unit receiving the construction permit to the issuing authority application form.

(B) unit affix and signature of the legal representative of the construction license application form, accompanied by the supporting documents provided for in article fourth, applying to a certification authority. (Three) sent card organ in received units submitted of construction construction license application table and by attached proved file Hou, for meet conditions of, should since received application of day up 15th within issued construction license; for proved file not complete or failure of, should spot or 5th within once told units need correction of all content, approval time can since proved file correction complete Hou for corresponding extended; for not meet conditions of, should since received application of day up 15th within written notification units,

And explain the reasons.

    Construction in the process of construction, construction of the unit or units are changed, should be re-application for a construction permit.

Sixth units apply for construction permits for the project name, location, size, and shall conform to the construction contract signed according to law.

    Construction permit shall be placed at the construction site for future reference, and in accordance with the regulations on the construction site open.

    Seventh construction license may be counterfeited or altered. The eighth construction units shall obtain a construction permit within three months from the date of commencement. For some reason fails to start, to the issuing authority shall, before the expiration of its renewal, and justification; extension limited to two, not more than three months at a time.

    Neither started nor apply for extension or over extension number, the time limit of construction license repeal on their own.

The Nineth finds it necessary to suspend the construction of building construction, the construction unit shall within one month from the date of suspension of construction certification body reports include the suspension of construction of the time, because, in the parts of the application, maintenance and management measures, and in accordance with the provisions for building projects and maintenance activities.

    When construction resumes, shall report to the issuing authority; suspension of construction for less than a year before work resumes, the construction unit shall be issuing authority checking the construction permit.

Tenth certification authority shall apply for construction permits the basis, conditions, procedures, deadlines, and need to submit all materials and application form model, in the workplace and related Web site be publicized.

    Construction permit to the issuing authority to decide, should be made public, and the public a right of access.

    11th after the construction permit from the issuing authority shall establish a supervision and inspection system, after obtaining a construction permit conditions change, delay start, suspension acts such as construction supervision and inspection, found violations promptly dealt with.

    12th for failure to obtain construction permit or to avoid handling the construction permit project after decomposition of unauthorized construction, by the issuing authority having jurisdiction shall be ordered to stop construction, rectify, fined a maximum of construction engineering contract price 1% 2%; penalty of between 30,000 yuan to the construction unit.

    13th construction units using deception, bribery or other improper means to obtain a construction permit, the original Licensing Office revoked the construction permit shall be ordered to stop construction, and fines of between 10,000 yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

The 14th construction unit to hide relevant information or provides false information to apply for construction permits, Licensing Office not to accept or not to license and fines of between 10,000 yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    Units of forged or altered construction permits, by the issuing authority shall be ordered to stop construction, and fines of between 10,000 yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

15th in accordance with these regulations, fines, the unit directly in charge of personnel and other persons subject to a unit amount of 5% more than 10% of fine.

    Units and those responsible be punished, as a record of bad behavior to be informed.

16th license-issuing organs and their personnel, in violation of these regulations, any of the following circumstances, by a higher administrative authority or supervisory organs shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions:

(A) an applicant who does not meet the requirements to grant construction permits;

(B) for eligible applicants no construction permit or has not granted licensing decisions within the statutory time limit;

(C) meet the requirements the application as inadmissible;

(D) the convenience of taking advantage of his position and accept other person's property or seeking other interests;

    (V) does not perform its oversight duties or oversight, causing serious consequences.

17th construction the construction permit shall be formulated by the Department of housing and urban-rural construction format, by provinces, autonomous regions and municipalities directly under the people's Government Department of housing and urban-rural construction uniformly. Construction permit includes the original and the copy, copy of the original and has the same legal effect.

    Copy construction permit invalid. 18th article of the way the provisions on the administration of construction permits apply to other specialized construction work.

Defined by relevant laws and administrative regulations, from its provisions.

83rd article provisions of the building code of the construction activities, the procedures do not apply.

    Management of military housing construction permits, according to the procedures established by the State Council and the Central Military Commission.

    The 19th province, autonomous region, municipality Department of housing and urban-rural construction based on these measures, formulate implementing rules. 20th the measures take effect on October 25, 2014. On October 15, 1999, the 71st of Ministry of construction released on July 4, 2001, amended the construction license of Ministry of construction, the 91st regulation repealed simultaneously.