Civil Building Energy Conservation Regulations

Chapter 1 General Provisions

Article 1 These Regulations are formulated for the purpose of strengthening energy-saving management of civil buildings, reducing energy consumption during the use of civil buildings, and improving the efficiency of energy use.

Article 2 The term "civil building energy conservation" as used in these Regulations refers to the reduction of energy consumption during the use of civil buildings under the precondition of ensuring the use of civil buildings and the quality of indoor thermal environment.

The term “civil building” as used in these Regulations refers to residential buildings, office buildings of government offices, and other public buildings such as business, service, education, and health.

Article 3 The people's governments at various levels shall strengthen their leadership over the energy conservation of civil buildings, actively cultivate the market for civil building energy conservation services, improve the civil building energy conservation service system, promote the development and application of energy saving technologies for civil buildings, and do a good job in propaganda and education of civil building energy conservation knowledge. jobs.

Article 4 The State encourages and supports the use of renewable energy sources such as solar energy and geothermal energy in the energy-saving renovation of new buildings and existing buildings.

In regions where solar energy is available, relevant local people's governments and their departments shall take effective measures to encourage and support units and individuals to install and use solar energy water heating systems such as solar water heating systems, lighting systems, heating systems, and heating and cooling systems.

Article 5 The State Council department in charge of construction shall be responsible for the supervision and administration of energy saving for civil buildings throughout the country. The competent department of construction of the local people's government at or above the county level shall be responsible for the supervision and administration of the energy conservation of civil buildings in the administrative area.

The relevant departments of the people's government at or above the county level shall, in accordance with the provisions of these Regulations and the division of responsibilities assigned by the people's government at the same level, be responsible for the work related to the energy conservation of civil buildings.

Article 6 The State Council department in charge of construction shall, under the guidance of the national long-term special plan for energy conservation, formulate a national energy conservation plan for civil buildings and link it with related plans.

The competent department of construction of the local people's government at or above the county level shall organize the preparation of the energy conservation plan for civil buildings in the administrative area, and report it to the people's government at the corresponding level for implementation.

Article 7 The State establishes and improves the energy saving standard system for civil buildings. The national energy conservation standards for civil buildings shall be formulated by the competent department of construction under the State Council and issued in accordance with legal procedures.

The State encourages the formulation and adoption of energy saving standards for local civil buildings that are superior to the national civil building energy efficiency standards.

Article 8 The people's governments at or above the county level shall arrange for civil building energy conservation funds to support the scientific and technological research and standard formulation of civil building energy conservation, the energy conservation renovation of existing building envelope structures and heating systems, and the application of renewable energy sources. Civil building energy-saving demonstration projects, promotion of energy-saving projects.

The government has guided financial institutions to provide support for projects such as energy conservation retrofitting of existing buildings, application of renewable energy, and demonstration projects for civil building energy conservation.

Civil building energy-saving projects enjoy tax benefits in accordance with the law.

Article 9 The state actively promotes the reform of the heating system, improves the heating price formation mechanism, encourages the development of central heating, and gradually implements the system of charging according to the use of heat.

Article 10 Units and individuals that have made remarkable achievements in the energy-saving work of civil buildings shall be commended and rewarded in accordance with the relevant provisions of the State.

Chapter II New Building Energy Conservation

Article 11 The State promotes the use of new technologies, new processes, new materials and new equipment for the energy-saving use of civil buildings, and restricts the use or prohibition of the use of high-energy-consuming technologies, processes, materials and equipment. The department in charge of energy conservation of the State Council and the department in charge of construction shall formulate, publish, and update in a timely manner the catalogs for promotion, restriction, and prohibition of use.

The state restricts the import or prohibition of imports of high-energy technologies, materials and equipment.

The construction unit, design unit, and construction unit may not use the technology, technology, materials, and equipment included in the list of prohibited activities in construction activities.

Article 12 In the preparation of a detailed city plan and detailed town planning, the layout, shape and orientation of the building shall be determined in accordance with the requirements for energy saving of civil buildings.

The competent department of urban and rural planning shall review the civil construction according to law and shall solicit the opinions of the competent construction department at the same level as to whether the design scheme complies with the mandatory standards for civil building energy conservation; the competent department of construction shall provide opinions within 10 days from the date of receipt of the consultation materials. . The time for soliciting opinions is not calculated within the planning permission period.

Those who do not comply with the compulsory standards for energy saving of civil buildings shall not issue construction project planning permits.

Article 13 The construction drawing design document review agency shall review the construction drawing design documents in accordance with the compulsory standards for civil building energy conservation; if the review does not comply with the mandatory standards for civil building energy conservation, the construction authority of the local people's government at or above the county level shall not issue the construction work. license.

Article 14 A construction unit must not expressly or implicitly design or construct a construction unit that violates the mandatory standards for energy saving of civil buildings for design or construction, and shall not expressly or imply that construction units use wall materials, insulation materials, doors and windows that do not meet the requirements of the construction drawing design documents. , heating and cooling systems and lighting equipment.

In accordance with the contract stipulated by the construction unit procurement of wall materials, insulation materials, doors and windows, heating and refrigeration systems and lighting equipment, construction units should ensure that it meets the requirements of the construction drawing design documents.

Article 15: Design units, construction units, project supervision units and their registered practitioners shall design, construct and supervise civil buildings in accordance with the mandatory standards for energy conservation.

Article 16 The construction unit shall inspect the wall materials, insulation materials, doors and windows, heating and cooling systems and lighting equipment that enter the construction site; if it does not meet the requirements of the construction drawing design documents, it shall not be used.

If the project supervision unit finds that the construction unit does not perform construction in accordance with the mandatory standards for civil building energy conservation, it shall require the construction unit to make corrections. If the construction unit refuses to make corrections, the project supervision unit shall promptly report the construction unit and report to the relevant competent authority.

In the construction of thermal insulation works for walls and roofs, supervision engineers shall take the form of side stations, patrols and parallel inspections in accordance with the requirements of the project supervision and regulations.

Without the signature of the supervising engineer, the wall materials, insulation materials, doors and windows, heating and cooling systems and lighting equipment shall not be used or installed on the building. The construction unit shall not carry out the construction of the next procedure.

Article 17 When the construction unit organizes the completion and acceptance, it shall check whether the civil building complies with the mandatory standards for civil building energy conservation; and if it does not meet the compulsory standards for civil building energy conservation, it shall not issue a completion acceptance report.

Article 18 A building that implements centralized heating shall be equipped with a heating system control device, a heat metering device and an indoor temperature control device; a public building shall also be equipped with an electricity consumption item metering device. The heat metering device installed in a residential building shall meet the requirements for household metering.

The metering device shall be qualified by law.

Article 19 The public hallways, stairs and other parts of a building shall be installed and used with energy-saving lamps and electrical control devices.

Article 20 For buildings with renewable energy utilization conditions, the construction unit shall select suitable renewable energy sources for heating, cooling, lighting, and hot water supply; the design unit shall design in accordance with the standards for the use of renewable energy. .

The construction of renewable energy utilization facilities should be synchronized with the construction of the main project, synchronous construction, and simultaneous acceptance.

Article 21 The owner of an office building of a state agency or a large-scale public building shall measure and identify the energy efficiency of the building, and publicize the results of the assessment in accordance with the relevant regulations of the State and accept social supervision.

State offices and office buildings should install and use energy-saving equipment.

The term “large public buildings” as mentioned in these Regulations refers to public buildings with a single building area of ​​20,000 square meters or more.

Article 22 A real estate development enterprise that sells commodity housing shall express to the purchaser information on the energy consumption targets, energy conservation measures and protection requirements of the commercial housing sold, the warranty period of the insulation project, and other information on the sale and purchase contracts of residential real estate and residential quality guarantees and residential use instructions. Set out in the Ming.

Article 23 Under the conditions of normal use, the minimum warranty period for the insulation project is 5 years. The warranty period of the insulation project shall be calculated from the date of acceptance of the completion.

In the event that quality problems occur during the warranty period and warranty period of the thermal insulation project, the construction unit shall perform the warranty obligations and bear the liability for compensation in accordance with the law.

Chapter III Energy Saving in Existing Buildings

Article 24 The transformation of existing buildings for energy conservation shall be carried out in a planned and step-by-step manner according to the actual conditions of the local economy, social development level and geographical and climatic conditions.

The term "construction of energy-saving retrofits for existing buildings" as mentioned in the Regulations refers to the implementation of energy-saving reform of existing building envelope structures, heating systems, heating and cooling systems, lighting equipment, and hot water supply facilities that do not comply with the mandatory standards for energy saving for civil buildings. activity.

Article 25 The competent department of construction of the local people's government at or above the county level shall conduct surveys and analysis on the construction dates, structural forms, energy use systems, energy consumption indexes, and life cycle of existing buildings within the administrative area, and formulate existing buildings. The energy-saving renovation plan shall specify the goals, scope, and requirements of the energy-saving transformation and report it to the people's government at the same level for approval and implementation.

Central state organs have energy-saving renovations of buildings, and the agencies involved in the affairs of the relevant administrative agencies shall formulate energy-saving renovation plans and organize their implementation.

Article 26 The energy-saving renovation of office buildings, government investment, and government-funded public buildings of state organs shall be formulated with energy-saving reform programs that can be carried out after sufficient argumentation and handling of relevant examination and approval procedures in accordance with relevant state regulations.

The people's governments at all levels and their relevant departments and units must not, in violation of relevant state regulations and standards, expand or renovate the existing buildings prescribed in the preceding paragraph in the name of energy conservation and reconstruction.

Article 27 If the residential buildings and other public buildings other than those stipulated in Article 26 of these Regulations do not conform to the compulsory standards for energy saving for civil buildings, and on the basis of respecting the wishes of the building owners, they can combine the expansion and reconstruction and gradually implement energy conservation. Transformation.

Article 28 The implementation of energy-saving renovation of existing buildings shall comply with the mandatory standards for civil building energy conservation, priority shall be given to the use of low cost retrofit measures such as shading and improving ventilation.

The transformation of the existing building envelope and the reconstruction of the heating system should be carried out simultaneously.

Article 29 In the energy-saving reconstruction of buildings that implement centralized heating, heating system control devices and heat metering devices shall be installed; in the energy-saving reconstruction of public buildings, indoor temperature control devices and electricity consumption item measurement devices shall also be installed. .

Article 30 The cost of energy-saving renovation of office buildings of state organs shall be incorporated into the budget of the people's government at or above the county level.

The cost of energy-saving renovation of public buildings used by public buildings such as residential buildings and education, science, culture, public health, sports, etc., shall be shared by the government and building owners.

The state encourages social capital to invest in energy-saving reconstruction of existing buildings.

Chapter IV Energy Consumption of Building Energy Systems

Article 31 The owner of a building or the user of the right to use shall ensure the normal operation of the building's energy use system and shall not artificially damage the building envelope and energy use system.

Owners or users of state-owned office buildings and large-scale public buildings shall establish and improve their energy-saving management systems and operating regulations for civil buildings, monitor and maintain the energy-using systems for buildings, and regularly report sub-items of electricity to districts above the county level. People's Government Construction Authority.

Article 32 The competent department of energy conservation of the local people's government at or above the county level shall, jointly with the department in charge of construction at the same level, determine the key power-using units for public buildings in the administrative area and their annual power consumption limits.

The competent department of construction of the local people's government at or above the county level shall conduct surveys, statistics, and evaluations of the use of power in office buildings and public buildings in state agencies within its administrative area. The energy consumption of heating, cooling and lighting in office buildings and large public buildings of state organs shall be announced to the public in accordance with laws, administrative regulations and other relevant national regulations.

Owners or users of rights of office buildings and public buildings of state organs shall cooperate with the investigation and statistics work of the competent department of construction of the local people's government at or above the county level.

Article 33 Heating units shall establish and improve relevant systems and strengthen the education and training of professional and technical personnel.

The heating unit shall improve technical equipment, implement measurement management, monitor and maintain the heating system, improve the efficiency of the heating system, and ensure that the operation of the heating system complies with the mandatory standards for civil building energy conservation.

Article 34 The competent department of construction of the local people's government at or above the county level shall conduct survey, statistics and analysis of the energy consumption of the heating units within its administrative area, and formulate energy consumption targets for heating units; Heating units formulate corresponding improvement measures and supervise their implementation.

Chapter V Legal Liability

Article 35 Whoever, in violation of the provisions of these Regulations, the relevant department of the people's government at or above the county level has committed any of the following acts, he shall be given sanctions in accordance with the law for the responsible persons in charge and other directly responsible personnel; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Issuing a construction project planning permit for a civil construction project whose design plan does not conform to the mandatory standards for civil building energy conservation;

(2) issuing qualified opinions on design proposals that do not meet the mandatory standards for energy saving of civil buildings;

(3) issuing construction licenses for civil construction projects whose construction drawing design documents do not conform to the mandatory standards for energy saving of civil buildings;

(4) Other acts that do not perform supervision and management duties according to law.

Article 36 In violation of the provisions of these Regulations, the people's governments at all levels and their relevant departments and units violate the relevant regulations and standards of the State and expand or renovate the existing buildings in the name of energy-saving transformation, and shall bear the responsibility of the competent persons and Other directly responsible personnel shall be given sanctions according to law.

Article 37 If a construction unit commits any of the following acts in violation of the provisions of these Regulations, the competent construction department of the local people's government at or above the county level shall order it to make corrections and impose a fine of 200,000 yuan up to 500,000 yuan:

(1) Explicitly or implicitly designing or constructing the design unit or construction unit in violation of the mandatory standards for energy saving of civil buildings;

(2) Expressing or implying that the construction unit uses wall materials, insulation materials, doors and windows, heating and cooling systems, and lighting equipment that do not meet the requirements of the construction drawing design documents;

(3) Purchasing wall materials, insulation materials, doors and windows, heating and cooling systems, and lighting equipment that do not meet the requirements of the construction drawing design documents;

(d) Use of technologies, processes, materials, and equipment included in the list of prohibited uses.

Article 38 In violation of the provisions of these Regulations, if the construction unit issues a completion acceptance report for a civil building project that does not meet the mandatory standards for energy saving for civil buildings, the competent construction department of the local people's government at or above the county level shall order it to make corrections and impose a contract on civil construction projects. Fines of more than 2% but less than 4% of the price; if any losses are caused, they shall be liable for compensation according to law.

Article 39 In case of violation of the provisions of these Regulations, if the design unit fails to design in accordance with the mandatory standards for energy saving of civil buildings, or uses technology, crafts, materials, and equipment that are prohibited from the use of catalogues, the competent construction department of the local people's government at or above the county level shall be responsible. They must be ordered to correct and impose a fine of between 100,000 yuan and 300,000 yuan; if the circumstances are serious, the department that has issued the qualification certificate shall order it to suspend business for rectification, lower its qualification level, or revoke the qualification certificate. If damage is caused, it shall be liable for compensation according to law.

Article 40 In violation of the provisions of these Regulations, if the construction unit fails to perform construction in accordance with the mandatory standards for energy saving for civil buildings, the competent construction department of the local people's government at or above the county level shall order corrections and impose a fine of between 2% and 4% on the contract price of civil construction projects. If the circumstances are serious, the department that has issued the qualification certificate shall order it to suspend business for rectification, lower its qualification level or revoke its qualification certificate; if it causes losses, it shall be liable for compensation according to law.

Article 41 If the construction unit commits any of the following acts in violation of the provisions of these Regulations, the competent construction department of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than RMB 100,000 but not more than RMB 200,000; if the circumstances are serious, it shall be issued. The department of qualification certificate shall order the suspension of business for rectification, lower the qualification level or revoke the qualification certificate; if the loss is caused, it shall bear the liability for compensation according to law:

(1) Inspection of wall materials, insulation materials, doors and windows, heating and cooling systems and lighting equipment entering the construction site has not been conducted;

(2) The use of wall materials, insulation materials, doors and windows, heating and cooling systems, and lighting equipment that do not meet the requirements of the construction drawing design documents;

(3) The use of technologies, processes, materials and equipment included in the list of prohibited uses.

Article 42 In case of violation of the provisions of these Regulations, if the project supervision unit has any of the following acts, the competent construction department of the local people's government at or above the county level shall order it to make corrections within a time limit; for those that have not been corrected within the time limit, a fine of 100,000 yuan up to 300,000 yuan shall be imposed. If the circumstances are serious, the department that has issued the qualification certificate shall order it to suspend business for rectification, lower its qualification level or revoke its qualification certificate; if it causes losses, it shall bear the liability for compensation according to law:

(1) failing to implement supervision in accordance with the mandatory standards for energy conservation of civil buildings;

(II) In the construction of thermal insulation works for walls and roofs, supervision was not carried out in the form of stations, patrols, and parallel inspections.

The wall materials, insulation materials, doors and windows, heating and cooling systems and lighting equipment that do not meet the requirements of the construction drawing design documents shall be signed in accordance with the requirements of the construction drawing design documents, in accordance with the provisions of Article 67 of the “Construction Project Quality Management Regulations”. Punishment.

Article 43 In violation of the provisions of these Regulations, real estate development companies sell commercial housing, do not disclose to the purchaser information on the energy consumption targets, energy conservation measures and protection requirements of the commercial housing sold, warranty period of the insulation project, etc., or expressly sold to the purchaser. If the energy consumption index of commercial housing is inconsistent with the actual energy consumption, it shall bear civil liability in accordance with the law; the competent construction department of the local people's government at or above the county level shall order it to make corrections within a time limit; if it has not been corrected within the time limit, it shall impose a fine of less than 2% of the total amount of the housing delivered for use; the circumstances are serious. , the department issuing the qualification certificate will lower the qualification level or revoke the qualification certificate.

Article 44 In violation of the provisions of these Regulations, where registered practitioners fail to implement mandatory standards for civil building energy conservation, the competent construction department of the people's government at or above the county level shall order them to stop practicing for more than 3 months and not more than 1 year; if the circumstances are serious, the qualifications shall be issued. The certificate authority revoked the practice qualification certificate and will not register it within 5 years.

Chapter VI Supplementary Provisions

Article 45 This Regulation shall come into force on October 1, 2008.