Decision of the Beijing Municipal People’s Government on Amending the Measures of Beijing Municipality on Construction Permit
Order of Beijing Municipal People’s Government
No.300
The Decision of the Beijing Municipal People’s Government on Amending the Measures of Beijing Municipality on Construction Permit has been adopted at the 127th executive meeting of the Municipal People’s Government on September 14, 2021, and is hereby promulgated and shall come into force as of the date of promulgation.
Mayor Chen Jining
October 1, 2021
Decision of the Beijing Municipal People’s Government on Amending the Measures of Beijing Municipality on Construction Permit
The Beijing Municipal People’s Government has decided to make the following amendments to the Measures of Beijing Municipality on Construction Permit:
1. Article 2 is amended as: "Where the following construction projects are carried out within the administrative area of this Municipality, the construction unit shall obtain a construction permit. However, the construction project with an investment of less than 300,000 yuan or a construction area of less than 300 square meters may not apply for a construction permit:
"(a) the new construction, renovation and expansion project of housing construction and its ancillary facilities and its supporting lines, pipelines and equipment installation;
"(two) the construction, renovation and expansion of municipal infrastructure;
"(three) housing decoration project.
"The municipal administrative department of housing and urban-rural construction may, according to the actual situation of this Municipality, adjust the scope of construction projects that may not apply for construction permits as stipulated in the preceding paragraph of this article, and report to the competent department of housing and urban-rural construction of the State Council for the record.
"Construction projects that have approved the commencement report in accordance with the authority and procedures stipulated by the State Council will no longer receive construction permits."
2. One paragraph is added to Article 3 as the third paragraph: "For housing construction projects and municipal engineering projects with a large amount of earthwork, the construction unit has obtained planning approval documents such as project design review opinions, and if the construction site meets the requirements stipulated by the municipal housing and urban construction administrative department, earthwork, slope protection, precipitation and other operations can be carried out in advance, but the building construction permits should be obtained before the main project construction at the latest."
III. Article 6 is amended as: "To apply for a construction permit, a construction unit shall meet the following conditions:
"(a) has been approved for the construction project, housing decoration project shall obtain the consent of the owner of the house.
"(two) the construction project planning permit shall be handled according to law, and the construction project planning permit has been obtained.
"(three) the construction site has basically met the construction conditions, and it is necessary to levy houses, and its progress meets the construction requirements.
"(four) the construction enterprise has been identified. If there is no tender for the project that should be invited in accordance with the regulations, there is no public tender for the project that should be invited in public, or the contracted project is dismembered, and the project is contracted to an enterprise that does not have the corresponding qualifications, the determined construction enterprise is invalid.
"(five) to meet the needs of construction funds, construction drawings and technical information, the construction unit shall provide the construction funds have been implemented in the letter of commitment, construction drawing design documents have been reviewed in accordance with the provisions.
"(six) there are specific measures to ensure the quality and safety of the project. In the construction organization design compiled by construction enterprises, there are corresponding quality and safety technical measures formulated according to the characteristics of construction projects. Establish project quality and safety responsibility system and implement it to people. The project with strong professionalism has compiled a special quality and safety construction organization design, and handled the project quality and safety supervision procedures in accordance with regulations. "
4. Article 10 is amended as: "The issuing authority shall timely examine the application for construction permit of the construction unit, and if the documents submitted by the applicant are incomplete, it shall inform all the documents that need to be supplemented at one time.
"If the documents submitted by the applicant are complete and conform to the provisions of Article 6 of these Measures, the issuing authority shall issue the construction permit within 5 working days from the date of receiving the application; Does not meet the provisions of article sixth of these measures, it shall make a written decision not to issue certificates and explain the reasons.
"The issuing authority may conduct on-site reconnaissance of the land for construction projects as required."
5. One paragraph is added to Article 23 as the first paragraph: "For construction projects that do not need to apply for construction permits, the relevant departments shall strengthen management, service and guidance according to law."
This decision shall come into force as of the date of promulgation. The "Measures" of Beijing Municipality on the Construction Permit of Construction Projects were revised and re-promulgated according to this decision.
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Measures of Beijing Municipality on Construction Permit of Construction Projects
(Promulgated by Decree No.139 of Beijing Municipal People’s Government on November 25, 2003, first revised according to Decree No.277 of Beijing Municipal People’s Government on February 12, 2018, and second revised according to Decree No.300 of Beijing Municipal People’s Government on October 1, 2021)
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 construction safety of construction projects, these Measures are formulated in accordance with the Construction Law of People’s Republic of China (PRC) and the Regulations on the Quality Management of Construction Projects, combined with the actual situation of this Municipality.
Article 2 Where the following construction projects are carried out within the administrative area of this Municipality, the construction unit shall obtain a construction permit. However, for a construction project with an investment of less than 300,000 yuan or a construction area of less than 300 square meters, it is not necessary to apply for a construction permit:
(a) new construction, renovation and expansion projects of housing buildings and their ancillary facilities and their supporting lines, pipelines and equipment installation;
(two) the construction, renovation and expansion of municipal infrastructure;
(3) House decoration and fitment works.
The municipal administrative department of housing and urban-rural construction may, according to the actual situation of this Municipality, adjust the scope of construction projects that may not apply for construction permits as stipulated in the preceding paragraph of this article, and report to the competent department of housing and urban-rural construction of the State Council for the record.
In accordance with the authority and procedures prescribed by the State Council, the construction project that has approved the commencement report will no longer receive a construction permit.
Article 3 If a construction permit should be obtained according to law, but it has not been obtained, the construction project may not be started.
The term "commencement" as mentioned in these Measures refers to the commencement of construction work of construction projects, in which the commencement of new projects refers to the commencement of foundation pile construction or earthwork excavation; The commencement of renovation, expansion and renovation of old houses refers to the commencement of demolition and renovation work.
Housing construction projects and municipal engineering projects with a large amount of earthwork, the construction unit has obtained planning approval documents such as project design review opinions, and if the construction site meets the conditions stipulated by the municipal housing and urban construction administrative department, earthwork, slope protection, precipitation and other operations can be carried out in advance, but at the latest, building construction permits should be obtained before the main project construction.
Article 4 No unit or individual may break down the project that should apply for a construction permit into projects below a certain limit to avoid applying for a construction permit.
Fifth city housing and urban construction administrative department is the competent authority of the city’s construction permit. The district housing and urban construction administrative department shall be responsible for the construction permit of construction projects within its administrative area in accordance with the prescribed responsibilities.
Article 6 To apply for a construction permit, a construction unit shall meet the following conditions:
(a) has gone through the approval procedures for the construction land, and the house decoration project shall obtain the consent of the owner of the house.
(two) the construction project planning permit shall be handled according to law, and the construction project planning permit has been obtained.
(three) the construction site has basically met the construction conditions, and it is necessary to requisition houses, and its progress meets the construction requirements.
(4) The construction enterprise has been identified. If there is no tender for the project that should be invited in accordance with the regulations, there is no public tender for the project that should be invited in public, or the contracted project is dismembered, and the project is contracted to an enterprise that does not have the corresponding qualifications, the determined construction enterprise is invalid.
(five) there are capital arrangements, construction drawings and technical data to meet the needs of construction, and the construction unit shall provide a letter of commitment that the construction funds have been implemented, and the construction drawing design documents have passed the examination as required.
(six) there are specific measures to ensure the quality and safety of the project. In the construction organization design compiled by construction enterprises, there are corresponding quality and safety technical measures formulated according to the characteristics of construction projects. Establish project quality and safety responsibility system and implement it to people. Professional engineering projects have compiled special quality and safety construction organization design, and gone through the supervision procedures of engineering quality and safety in accordance with regulations.
Article 7 Construction permits shall be obtained on the basis of construction projects. However, housing construction projects can be collected separately for one or several individual projects; Linear municipal infrastructure projects can be collected in sections.
In accordance with the provisions of the preceding paragraph, the construction projects shall receive construction permits respectively, and the project investment or construction area of each single project and sub-project shall not be less than the limit as stipulated in Article 2 of these Measures; The sum of the construction scale and project investment of each single project and subsection project shall be consistent with the total construction scale and total project investment of the construction project respectively.
Article 8 The underground pipeline project of newly-built roads shall receive the construction permit along with the newly-built road project; Housing ancillary facilities, lines, pipelines and equipment installation projects supporting the housing should be accompanied by housing construction projects to obtain construction permits; The newly-built housing decoration project can receive the construction permit along with the housing construction project.
Article 9 The construction unit shall, before the construction project starts, apply to the municipal administrative department of housing and urban-rural construction or the district administrative department of housing and urban-rural construction where the construction project is located (hereinafter referred to as the issuing authority) for obtaining the construction permit, and submit the following documents:
(a) to fill in a complete application form for a construction permit with the seal of the construction unit, which can be downloaded from the website of the municipal administrative department of housing and urban-rural construction or obtained free of charge from the issuing authority;
(two) documents that meet the conditions stipulated in Article 6 of these Measures.
Article 10 The issuing authority shall examine the application for construction permit of the construction unit in a timely manner. If the documents submitted by the applicant are incomplete, it shall inform all the documents that need to be corrected at one time.
If the documents submitted by the applicant are complete and conform to the provisions of Article 6 of these Measures, the issuing authority shall issue the construction permit within 5 working days from the date of receiving the application; Does not meet the provisions of article sixth of these measures, it shall make a written decision not to issue certificates and explain the reasons.
The issuing authority may, if necessary, conduct on-site reconnaissance of the land for construction projects.
Article 11 A construction permit is divided into one original and two copies, both of which have the same legal effect.
It is forbidden to forge, alter or alter the construction permit.
Twelfth after the issuance of the construction permit, the construction unit or the construction unit changes, it should re apply for a construction permit.
If other conditions specified in Article 6 of these Measures are changed, it shall be reported to the relevant administrative departments for changing procedures according to law, and the construction unit shall inform the issuing authority within 10 days after going through the changing procedures; If it is not necessary to report to the relevant administrative department for change procedures according to law, the construction unit shall inform the issuing authority within 10 days after the conditions change.
Thirteenth construction units shall publicize a copy of the construction permit in a prominent position on the construction site of the construction project.
Fourteenth construction units shall start construction within 3 months from the date of receiving the construction permit. If it is unable to start work for some reason, it shall apply to the issuing authority for an extension before the expiration; The extension is limited to two times, each time not exceeding 3 months. If the project is neither started nor extended, or the number and time limit of extension are exceeded, the construction permit shall be automatically abolished.
Article 15 If the construction of a building project under construction is suspended for any reason, the construction unit shall report to the issuing authority in writing within one month from the date of suspension, including the time, reason, construction progress, maintenance management measures, etc. of the suspension, and do a good job in the maintenance management of the building project in accordance with the regulations.
When a building project resumes construction, it shall report to the issuing authority; Before the project that has been suspended for one year resumes construction, the construction unit shall report to the issuing authority for verification of the construction permit.
Sixteenth city housing and urban construction administrative departments shall regularly summarize the construction permits issued by the city, to the public and accept public inquiries.
Seventeenth any unit or individual shall have the right to report and report the acts of construction without obtaining the construction permit or not in accordance with the provisions of the construction permit.
Eighteenth city housing and urban construction administrative departments shall, in accordance with the provisions of the construction unit, the construction unit and the construction permit related credit information recorded in the Beijing enterprise credit information system.
Article 19 If the construction unit does not obtain the construction permit, or if the construction unit or the construction unit changes and fails to obtain the construction permit again, the municipal or district housing and urban-rural construction administrative department shall order it to stop the construction, make corrections within a time limit, and impose a fine of more than 1% but less than 2% of the project contract price.
Twentieth in violation of the provisions of the second paragraph of Article 12 of these measures, the construction unit fails to inform the issuing authority about the changes on time, the municipal or district housing and urban construction administrative department shall give it a warning and impose a fine of 5000 yuan to 30000 yuan.
Article 21 If the issuing authority and its staff fail to issue construction permits in accordance with regulations, or fail to perform their duties of supervision and management after issuing construction permits, or fail to investigate and deal with illegal acts that should be investigated according to law, the higher authorities shall order them to make corrections, and the responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-second construction units believe that the specific administrative act of the issuing authority in handling the construction permit infringes upon their legitimate rights and interests, and may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Twenty-third for construction projects that do not need to apply for construction permits, the relevant departments shall strengthen management, service and guidance according to law.
The repair of memorial buildings and ancient buildings approved as cultural relics protection according to law shall be implemented in accordance with the provisions of relevant laws and regulations on cultural relics protection.
Measures for the administration of construction permits for military housing construction projects shall be implemented in accordance with the relevant provisions of the State Council and the Central Military Commission (CMC).
These Measures are not applicable to emergency rescue and disaster relief and other temporary housing construction and the construction of farmers’ self-built houses with two floors or less.
Twenty-fourth the implementation since January 1, 2004. On November 25, 1989, the Beijing Municipal People’s Government issued Order No.36, and the Interim Measures for the Administration of Construction Projects in Beijing, which was revised according to Order No.12 of the Beijing Municipal People’s Government on December 31, 1997, was abolished at the same time.