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Regulations on the Management of Construction Project Permits
2019-12-18
In order to strengthen the supervision and management of construction activities, maintain the order of the construction market, and ensure the quality and safety of construction projects, these measures are formulated in accordance with the "Construction Law of the People's Republic of China."
Article 1
In order to strengthen the supervision and management of construction activities, maintain the order of the construction market, and ensure the quality and safety of construction projects, these measures are formulated in accordance with the "Construction Law of the People's Republic of China."
Article 2
Within the territory of the People's Republic of China, for all types of house construction and its ancillary facilities construction, decoration, and installation of supporting lines, pipelines, and equipment, as well as urban municipal infrastructure projects, the construction unit shall apply to the housing and urban-rural development authority of the local people's government at or above the county level (hereinafter referred to as the issuing authority) for a construction permit before commencement in accordance with these measures.
Construction projects with an investment amount below 300,000 yuan or a building area below 300 square meters may not be required to apply for a construction permit. The housing and urban-rural development authorities of provinces, autonomous regions, and municipalities directly under the Central Government may adjust the limits based on local conditions and report to the housing and urban-rural development authority of the State Council for record.
Construction projects approved for commencement reports according to the authority and procedures stipulated by the State Council are no longer required to obtain a construction permit.
Article 3
Construction projects that are required to apply for a construction permit under these measures shall not commence without obtaining the construction permit.
No unit or individual shall divide a project that requires a construction permit into several smaller projects below the limit to evade the application for a construction permit.
Article 4
The construction unit applying for a construction permit shall meet the following conditions and submit the corresponding supporting documents:
(1) For projects that legally require land use approval procedures, the land use approval for the construction project has been completed.
(2) For construction projects within urban or town planning areas, a construction project planning permit has been obtained.
(3) The construction site has basically met the construction conditions; if houses need to be demolished, the progress meets the construction requirements.
(4) The construction enterprise has been determined. For projects that are required to be tendered but have not been tendered, projects that should be publicly tendered but have not been publicly tendered, projects that have been split for subcontracting, or projects subcontracted to enterprises without the corresponding qualifications, the determined construction enterprise is invalid.
(5) There are technical documents meeting construction needs, and the construction drawing design documents have been reviewed and approved according to regulations.
(6) There are specific measures to ensure project quality and safety. The construction organization design prepared by the construction enterprise includes corresponding quality and safety technical measures based on the characteristics of the construction project. A project quality and safety responsibility system has been established and implemented. Specialized projects have prepared special quality and safety construction organization designs and have handled project quality and safety supervision procedures according to regulations.
(7) Projects that are required to be supervised have been entrusted to supervision.
(8) Construction funds have been secured. For construction periods less than one year, the funds in place shall generally not be less than 50% of the contract price; for construction periods exceeding one year, the funds in place shall generally not be less than 30% of the contract price. The construction unit shall provide a commitment letter stating no outstanding payments for the project as of the application date or other materials proving no outstanding payments, as well as bank-issued proof of funds in place. Where conditions permit, bank payment guarantees or other third-party guarantees may be implemented.
(9) Other conditions prescribed by laws and administrative regulations.
The housing and urban-rural development authorities of local people's governments at or above the county level shall not add other conditions for handling construction permits in violation of laws and regulations.
Article 5
The application for a construction permit shall be carried out according to the following procedures:
(1) The construction unit shall obtain the "Construction Project Construction Permit Application Form" from the issuing authority.
(2) The construction unit shall submit the application to the issuing authority with the "Construction Project Construction Permit Application Form" stamped with the unit and legal representative's seals, along with the supporting documents specified in Article 4 of these measures.
(3) Upon receiving the application form and attached documents, the issuing authority shall issue the construction permit within fifteen days if conditions are met; if the documents are incomplete or invalid, the construction unit shall be notified on the spot or within five days of all required corrections, and the approval time may be extended accordingly after the documents are corrected; if conditions are not met, the construction unit shall be notified in writing within fifteen days with reasons.
If the construction unit or construction enterprise changes during the construction process, a new construction permit application shall be submitted.
Article 6
The project name, location, and scale in the construction permit application shall conform to the legally signed construction contract.
The construction permit shall be kept at the construction site for inspection and publicly displayed at the construction site according to regulations.
Article 7
The construction permit shall not be forged or altered.
Article 8
The construction unit shall commence construction within three months from the date of obtaining the construction permit. If unable to start on time due to reasons, an extension application shall be submitted to the issuing authority before the deadline with reasons; the extension is limited to two times, each not exceeding three months. If construction does not start and no extension is applied for, or the extension times or periods are exceeded, the construction permit shall be automatically invalidated.
Article 9
If construction is suspended for any reason, the construction unit shall report to the issuing authority within one month from the suspension date, including the suspension time, reasons, location under construction, maintenance and management measures, and shall carry out maintenance and management of the construction project according to regulations.
When construction resumes, a report shall be submitted to the issuing authority; for projects suspended for one year, the construction unit shall submit the construction permit for verification before resuming construction.
Article 10
The issuing authority shall publicize the basis, conditions, procedures, time limits for handling construction permits, all required materials, and sample application forms at the office and relevant websites.
Decisions on construction permits made by the issuing authority shall be made public, and the public has the right to access them.
Article 11
The issuing authority shall establish a supervision and inspection system after issuing construction permits to supervise changes in conditions, delayed commencement, suspension of construction, and other behaviors, and promptly handle violations.
Article 12
For construction without a permit or unauthorized construction after dividing projects to evade permit application, the competent issuing authority shall order a stop to construction, set a deadline for correction, impose a fine of 1% to 2% of the contract price on the construction unit, and a fine of up to 30,000 yuan on the construction enterprise.
If the construction unit obtains the construction permit through improper means such as deception or bribery, the original issuing authority shall revoke the construction permit, order the cessation of construction, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; if a crime is constituted, criminal responsibility shall be pursued according to law.
Article 14
If the construction unit conceals relevant information or provides false materials when applying for a construction permit, the issuing authority shall not accept or grant the permit and shall impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; if a crime is constituted, criminal responsibility shall be pursued according to law.
If the construction unit forges or alters the construction permit, the issuing authority shall order the cessation of construction and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; if a crime is constituted, criminal responsibility shall be pursued according to law.
Article 15
According to the provisions of these measures, when a unit is fined, the directly responsible supervisors and other directly responsible personnel of the unit shall be fined between 5% and 10% of the unit's fine amount.
When a unit and related responsible persons are punished, it shall be reported as a record of misconduct.
Article 16
If the issuing authority and its staff violate these measures and have any of the following circumstances, their superior administrative authority or supervisory authority shall order correction; if the circumstances are serious, administrative sanctions shall be imposed on the directly responsible supervisors and other directly responsible personnel according to law:
(1) Granting construction permits to applicants who do not meet the conditions;
(2) Not granting construction permits to applicants who meet the conditions or failing to make a decision to grant the permit within the statutory time limit;
(3) Not accepting applications from applicants who meet the conditions;
(4) Using their position to accept property or seek other benefits from others;
(5) Failing to perform supervisory duties according to law or weak supervision causing serious consequences.
Article 17
The construction permit for building projects shall be formulated in a standard format by the competent housing and urban-rural development department of the State Council and uniformly printed by the competent housing and urban-rural development departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
The construction permit is divided into an original and a duplicate, both having the same legal effect. Photocopies of the construction permit are invalid.
Article 18
The provisions of these measures on construction permit management apply to other specialized construction projects. Where relevant laws and administrative regulations have clear provisions, those provisions shall prevail.
Construction activities stipulated in the third paragraph of Article 83 of the "Construction Law" do not apply to these measures.
The management of construction permits for military housing construction projects shall be implemented in accordance with the measures formulated by the State Council and the Central Military Commission.
Article 19
The competent housing and urban-rural development departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate detailed implementation rules based on these measures.
