Zhejiang: From September 30, construction units may apply for construction permits in stages! Starting next year, construction units will no longer need to upload construction contracts!

2023-09-12 1495 0人评论

Recently, the Department of Housing and Urban-Rural Development of Zhejiang Province issued the "Notice of the Provincial Department of Construction on Further Improving the Management Mechanism for Construction Permits for Building Projects." This document took effect on September 30, 2023.

Key points are as follows:

I. Starting from 2024, construction units may no longer upload construction contracts

  1. From January 1, 2024, the construction contract required for a construction permit application shall be synchronized from the contract online signing system to the construction permit system, and the construction unit may no longer upload it.

  2. Strengthen the connection between the classified review system for construction drawings and construction permits. For projects subject to post-review or exempt from review of construction drawings, the construction unit shall use the drawing upload confirmation form issued by the drawing system as application material for the construction permit.

II. Construction units may choose to apply for construction permits for building projects in stages

The reform of staged construction permits shall be implemented for building construction projects. After determining the general contractor and having drawings and other required elements that meet construction requirements, the construction unit may choose to apply for a construction permit for the building project in stages. The specific implementation requirements are as follows:

  1. The construction unit may, according to construction progress needs, apply separately or in combination for construction permits according to the four stages of foundation pit support, main works below the base slab (excluding the base slab), main works above the base slab, and decoration and outdoor ancillary works.

  2. The construction unit may apply for construction permits in sequential combinations of stages; skipping stages in applications is not permitted. After obtaining the construction permit for the building project upon the first staged application, the construction unit shall apply for construction permits for the remaining stages by applying for changes to the construction content.

  3. The engineering, procurement and construction contract or the construction general contracting contract for the construction project shall clearly specify that the pile foundation works and the main building shall be implemented by the same general contractor. The general contractor for the four stages must remain the same.

  4. When the construction unit applies for construction permits for the stages of main works below the base slab (excluding the base slab), main works above the base slab, and decoration and outdoor ancillary works, it shall submit a construction drawing review qualification report corresponding to the stage content.

  5. Construction permits obtained by stage shall be processed simultaneously with quality supervision procedures. When the applied stage content includes main works content, the "report on the construction of civil building projects that should build air defense basements" and the "fire protection design review of construction projects" (except for non-special construction projects) shall be processed simultaneously, and corresponding materials sufficient for simultaneous processing shall be submitted.

  6. Quality supervision agencies shall make full use of digital means such as "Zheli Jian" and focus on strengthening post-approval supervision of projects with staged construction permits.

III. These 4 types of projects are not within the scope of construction permits for building projects

The following projects are not within the scope of construction permits for building projects:

  1. Projects in industries other than building construction and municipal engineering;

  2. Supporting building construction and municipal engineering for projects in other industries approved as a whole;

  3. Interior decoration projects of existing residential buildings;

  4. Demolition projects and other projects for which the construction permit system is not implemented according to law.

The original text is as follows:

To the construction committees (construction bureaus) of all cities and the Hangzhou Municipal Bureau of Parks and Cultural Relics:

In order to implement the deployment requirements of the Provincial Party Committee's "No. 1 Reform Project" for optimizing and improving the business environment, improve the construction permit management mechanism, optimize construction permit approval procedures, and accelerate the commencement of construction projects, in light of the actual conditions of our province, the relevant matters are hereby notified as follows:

I. Clarify the scope of construction permits for building projects

(1) The following building projects shall apply for a construction permit for building projects (except those that may not apply for a construction permit according to the relevant provisions of our province on construction permit limits):

  1. Construction of new, reconstructed, or expanded buildings and their ancillary facilities, and the installation of supporting lines, pipelines, and equipment;

  2. New, reconstructed, or expanded urban municipal infrastructure projects (hereinafter referred to as municipal projects), including civil engineering, pipeline, and equipment installation works for urban roads, bridges, squares, tunnels, public transportation, water supply, drainage, gas, heating, landscaping, sanitation, sewage treatment, garbage treatment, underground public facilities, and ancillary facilities;

  3. Supporting building construction and urban municipal infrastructure projects for separately approved professional projects in other industries;

  4. Decoration projects of existing non-residential buildings.

(2) The following projects are not within the scope of construction permits for building projects:

  1. Projects in industries other than building construction and municipal engineering;

  2. Supporting building construction and municipal engineering for projects in other industries approved as a whole;

  3. Interior decoration projects of existing residential buildings;

  4. Demolition projects and other projects for which the construction permit system is not implemented according to law.

II. Implement staged construction permits

(3) The reform of staged construction permits shall be implemented for building construction projects. After determining the general contractor and having drawings and other required elements that meet construction requirements, the construction unit may choose to apply for a construction permit for the building project in stages. The specific implementation requirements are as follows:

  1. The construction unit may, according to construction progress needs, apply separately or in combination for construction permits according to the four stages of foundation pit support, main works below the base slab (excluding the base slab), main works above the base slab, and decoration and outdoor ancillary works.

  2. The construction unit may apply for construction permits in sequential combinations of stages; skipping stages in applications is not permitted. After obtaining the construction permit for the building project upon the first staged application, the construction unit shall apply for construction permits for the remaining stages by applying for changes to the construction content.

  3. The engineering, procurement and construction contract or the construction general contracting contract for the construction project shall clearly specify that the pile foundation works and the main building shall be implemented by the same general contractor. The general contractor for the four stages must remain the same.

  4. When the construction unit applies for construction permits for the stages of main works below the base slab (excluding the base slab), main works above the base slab, and decoration and outdoor ancillary works, it shall submit a construction drawing review qualification report corresponding to the stage content.

  5. Construction permits obtained by stage shall be processed simultaneously with quality supervision procedures. When the applied stage content includes main works content, the "report on the construction of civil building projects that should build air defense basements" and the "fire protection design review of construction projects" (except for non-special construction projects) shall be processed simultaneously, and corresponding materials sufficient for simultaneous processing shall be submitted.

  6. Quality supervision agencies shall make full use of digital means such as "Zheli Jian" and focus on strengthening post-approval supervision of projects with staged construction permits.

III. Further optimize construction permit processing procedures

(4) If construction of a building project is suspended for any reason, the construction unit shall properly carry out maintenance and management of the building project in accordance with regulations, and at the same time report to the construction permit issuing authority within one month from the date of suspension. The report content shall include the time and reason for suspension, the parts under construction, on-site safety, maintenance and management measures, preservation of engineering technical materials, and the responsibilities and obligations of all parties after suspension. When construction resumes, the construction unit shall report to the issuing authority. Before resuming construction after a suspension of one full year, the construction unit shall submit the construction permit to the issuing authority for verification.

If construction of a building project is suspended for more than one year for any reason but the construction unit fails to report in a timely manner, the construction unit (or supervision unit) may, on the basis of the construction (or supervision) contract termination agreement, arbitration award, or court judgment, submit an application to the issuing authority for termination (or suspension) of construction. After verification, the issuing authority shall process the cancellation (or suspension) of the construction permit.

After the cancellation (or suspension) procedures for the construction permit are completed, the project manager and project chief supervisor shall be released from project association. When construction resumes, the construction unit shall require the relevant units to allocate the original personnel according to the contract; if the original personnel cannot be in place, the relevant units shall allocate personnel under conditions not lower than those agreed in the original contract and with the consent of the construction unit.

(5) If the construction unit or construction enterprise changes during the construction process of a building project, a new construction permit shall be applied for and the conditions listed in Article 8 of the "Construction Law of the People's Republic of China" shall be met. If the construction enterprise changes, the applicant shall provide an agreement with the original construction enterprise terminating the construction contract; completed works shall have passed acceptance organized by the construction unit.

(6) For acts of unauthorized construction without obtaining a construction permit according to law, the competent department of housing and urban-rural development and relevant administrative competent departments shall, after verification, impose administrative penalties in accordance with corresponding laws and regulations. For completed projects, construction permits shall no longer be retroactively processed.

For unfinished projects, if the construction unit applies to retroactively process a construction permit, it shall meet the conditions listed in Article 8 of the "Construction Law of the People's Republic of China." Among them, item 4, "the construction enterprise has been determined," requires that for the unfinished part that meets the conditions requiring bidding, the construction enterprise shall be determined through bidding procedures according to law; item 6, "there are specific measures to ensure project quality and safety," requires that completed works shall have passed acceptance organized by the construction unit.

IV. Strengthen business coordination for construction permits

(7) From January 1, 2024, the construction contract required for a construction permit application shall be synchronized from the contract online signing system to the construction permit system, and the construction unit may no longer upload it.

(8) Strengthen the connection between the classified review system for construction drawings and construction permits. For projects subject to post-review or exempt from review of construction drawings, the construction unit shall use the drawing upload confirmation form issued by the drawing system as application material for the construction permit. For projects applying for construction permits in stages, the provisions of point (3), paragraph 4 above shall apply.

(9) Further clarify the correspondence between the individual buildings included in the construction permit and the construction drawings. Before applying for a construction permit, the construction unit shall, in the drawing system, associate the individual buildings included in the construction permit application with their corresponding construction drawing qualification reports (or drawing upload confirmation forms). Based on the association, the construction permit system shall automatically synchronize the individual building information and corresponding construction drawing qualification reports (or drawing upload confirmation forms) from the drawing management system, and the construction unit shall no longer manually fill in or upload them. When applying only for the first-stage construction permit, individual building information may not be selected.

V. Supplementary provisions

(10) All localities may, according to actual conditions, explore the reform of staged construction permits in the field of municipal engineering.

(11) This document takes effect on September 30, 2023.

Department of Housing and Urban-Rural Development of Zhejiang Province

August 29, 2023

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