The Regulations on Green Building in Zhejiang Province was adopted at the 24th meeting of the Standing Committee of the 12th People's Congress of Zhejiang Province on February 4, 2004, and is hereby promulgated and shall come into force as of May 30, 2005.
Chapter I General Provisions
Article 1 In order to promote the development of green buildings, promote the conservation and utilization of resources, and improve the living environment, these Regulations are formulated in accordance with the Building Law of People's Republic of China (PRC), the Energy Conservation Law of People's Republic of China (PRC), the Civil Building Energy Conservation Regulations and other relevant laws and administrative regulations, combined with the actual situation of this province.
Article 2 These Regulations shall apply to the planning, construction, operation, transformation and other activities related to green buildings within the administrative area of this province, as well as the supervision, management, guidance and encouragement of green building activities.
The term "green building" as mentioned in these Regulations refers to civil buildings that meet the requirements of energy saving, water saving, land saving, material saving, pollution reduction and environmental protection, provide people with healthy, applicable and efficient use space, and are in harmony with nature.
The term "civil buildings" as mentioned in these Regulations refers to residential buildings, office buildings of state organs and public buildings for other purposes such as commerce, service industry, education and health (including buildings used for office and living services within the scope of industrial land).
Article 3 The people's governments at or above the county level shall promote the development of green buildings, incorporate them into the national economic and social development plan, and take them as the assessment contents of the people's governments at lower levels.
Fourth people's governments at or above the county level shall be responsible for the guidance, supervision and management of green building activities within their respective administrative areas.
The departments of development and reform, economy and informatization, finance, urban and rural planning, land and resources, environmental protection, water conservancy, transportation, science and technology, statistics and government affairs management of the people's governments at or above the county level shall, according to their respective functions and duties, do a good job in the development of green buildings.
Fifth people's governments at or above the county level shall encourage and support the research, development, demonstration, promotion and publicity and training of green building technology, and promote the progress and innovation of green building technology.
Units and individuals that have made remarkable achievements in green building work shall be commended and rewarded by the people's governments at or above the county level in accordance with the relevant provisions of the state.
Chapter II Planning and Construction
Article 6 Green buildings are divided into three grades: one-star, two-star and three-star from low to high according to the technical application level of energy saving, water saving, land saving, material saving and environmental protection.
The provincial construction administrative department shall, according to the national standards, combine the natural environmental conditions and economic development level of this province, formulate the mandatory standards for green buildings, and determine the technical requirements for green buildings of corresponding grades.
Seventh new civil buildings (except farmers' self-built houses) within the scope of urban construction land determined by the overall planning of cities and towns shall be built in accordance with the mandatory standards for green buildings of one star or above. Among them, the office buildings of state organs and other public buildings invested by the government or mainly invested by the government shall be built in accordance with the mandatory standards for green buildings with two or more stars; Encourage other public buildings and residential buildings to build in accordance with the technical requirements of green buildings with two or more stars.
Article 8 The competent department of construction of the people's government of a city or county (city) divided into districts shall, jointly with the departments of development and reform, land and resources, urban and rural planning, economy and informatization at the same level, organize the preparation of special plans for green buildings in their respective administrative areas, and announce them to the public after being approved by the people's government at the same level.
The special planning of green buildings should define the development goals, key development areas and industrialization requirements of new buildings, and determine the green building grade requirements of all kinds of new civil buildings. The requirements for the grade of green buildings determined by the special plan for green buildings shall not be lower than the provisions of Article 7 of these regulations.
The special planning of green building should be connected with the comprehensive utilization of energy, water resources, solid waste, green transportation and the development and utilization of underground space.
Ninth new civil construction project feasibility study report or project application report shall include the requirements of green building grade, clear the project selection of green building technology and investment, energy saving and emission reduction benefit evaluation and other contents.
The approval documents for construction projects issued by the competent investment department shall specify the requirements for green building grades.
Tenth in the tender, auction or listing announcement of the right to use state-owned construction land, the green building grade requirements of the plot should be clearly stated according to the special plan for green buildings.
Article 11 When entrusting engineering design, the construction unit shall specify the grade requirements of green buildings in accordance with the provisions of these Regulations, and shall not require the design unit to design below the mandatory standards of green buildings.
The design unit shall design in accordance with the mandatory standards of green building and the requirements of the construction unit, and define the technical index requirements of building materials, building components, facilities and equipment and the technical measures of green building.
For newly-built office buildings of state organs and other public buildings with a total construction area exceeding 1 10,000 square meters, the construction unit shall also install itemized metering and data acquisition and transmission devices for building energy, and the design unit shall specify the corresponding design contents in the design documents.
Article 12 The contents of energy-saving assessment and review of new civil construction projects shall include the technical requirements of green buildings of corresponding grades. Energy-saving assessment should be classified according to the construction area;
(1) For newly-built public buildings with a total construction area of over 30,000 square meters and newly-built residential buildings with a total construction area of over/kloc-0.5 million square meters, an energy-saving assessment report shall be prepared;
(two) the newly built public buildings with a total construction area of 1 10,000 square meters and less than 30,000 square meters and the newly built residential buildings with a total construction area of 50,000 square meters and less than150,000 square meters shall prepare energy-saving assessment reports;
(three) the new public buildings with a total construction area of less than ten thousand square meters and the new residential buildings with a total construction area of less than fifty thousand square meters shall fill in the energy-saving registration form.
The construction unit shall entrust a civil building energy-saving assessment institution that meets the corresponding conditions to prepare an energy-saving assessment report and report form (hereinafter referred to as the energy-saving assessment document). The construction unit can fill in the energy-saving registration form by itself.
Thirteenth new civil construction projects, the construction unit shall submit the design scheme of the construction project to the competent department of urban and rural planning, and shall be accompanied by energy-saving evaluation documents or energy-saving registration forms. The competent department of urban and rural planning shall solicit the opinions of the competent department of construction at the same level on whether the design scheme of the construction project conforms to these regulations and the mandatory standards for green buildings. The competent department of construction shall put forward opinions within ten working days from the date of receiving the materials for soliciting opinions.
The construction unit may also apply to the competent department of construction for energy-saving review before submitting the design scheme of the construction project to the competent department of urban and rural planning. If the construction unit submits the design scheme of the construction project together with the energy-saving review opinions to the competent department of urban and rural planning, the competent department of urban and rural planning will no longer solicit the opinions of the competent department of construction.
The energy-saving review opinions clearly point out that if the design scheme of the construction project does not conform to the provisions of these regulations and the mandatory standards for green buildings, the competent department of urban and rural planning shall not issue the construction project planning permit.
Fourteenth construction drawing design documents review institutions shall review whether the construction drawing design documents meet the mandatory standards for green buildings, and whether to implement the energy-saving review opinions; Do not meet the mandatory standards for green buildings or fail to implement the energy-saving review opinions, and shall not issue a certificate of qualification for the review of construction drawings and design documents.
Fifteenth construction units shall carry out construction in accordance with the construction drawings and design documents and mandatory standards for green buildings. Building materials, components and facilities such as wall materials, insulation materials, doors and windows, heating and refrigeration systems, lighting equipment, non-traditional water facilities, renewable energy utilization facilities and water-saving appliances that do not meet the requirements of construction drawing design documents shall not be used.
The construction unit shall not express or imply that the construction unit uses building materials, building components and facilities that do not meet the requirements of the construction drawing design documents; If the construction unit provides building materials, building components, facilities and equipment by itself, it shall also meet the requirements of construction drawing design documents.
The construction unit shall take energy-saving emission reduction and environmental protection measures such as reducing construction energy consumption and water consumption, reducing waste discharge, reducing noise pollution and preventing dust. Dust control costs are included in the project costs.
The supervision unit shall supervise whether the construction unit carries out the construction in accordance with the construction drawing design documents and the mandatory standards for green buildings, and whether it adopts measures for energy conservation, emission reduction and environmental protection.
Article 16 When the construction unit organizes the design, construction, supervision and other relevant units to carry out the completion acceptance, it shall check whether the envelope structure, energy-saving and water-saving facilities and equipment of civil buildings meet the requirements of construction drawing design documents and mandatory standards for green buildings; Those who do not meet the requirements of construction drawing design documents or mandatory standards for green buildings shall not pass the completion acceptance.
In accordance with the provisions of this Ordinance, it is necessary to prepare energy-saving assessment documents for civil construction projects. The energy-saving assessment institutions of civil buildings that originally prepared the energy-saving assessment documents should also assess whether the thermal insulation performance of the building envelope and the efficiency of the energy-using system meet the requirements of the energy-saving assessment documents, and issue a true and complete assessment report. Without the evaluation of building energy efficiency or the unqualified evaluation results, it shall not pass the final acceptance. The completion acceptance report shall include the contents and results of building energy efficiency assessment.
Seventeenth civil buildings in accordance with the mandatory standards for green building design, construction and completion acceptance, the construction administrative department of the people's government at or above the county level shall promptly announce its green building grade.
Article 18 The provisions of Articles 8 to 17 of this chapter shall apply to new civil buildings (except farmers' self-built houses) within the scope of urban construction land determined by the overall planning of cities and towns.
The provisions of Articles 7, 11 to 17 of this chapter shall apply to the expansion of existing civil buildings (except for farmers' self-built houses) within the scope of urban construction land determined by the overall planning of cities and towns.
If the transformation of existing civil buildings (except farmers' self-built houses) within the scope of urban construction land determined by the overall urban planning needs to dismantle the envelope as a whole, the transformation shall be carried out in accordance with the mandatory standards for green buildings above one star level, and the provisions of Articles 11 to 17 of this chapter shall be implemented.
Article 19 When a real estate development enterprise sells commercial housing, it shall clearly indicate the green building grade and corresponding technical measures, as well as the warranty period and protection requirements of energy-saving and water-saving projects and facilities and equipment at the sales site, and specify them in the sales contract, commercial housing quality guarantee and commercial housing use instruction.
Chapter III Management and Transformation
Twentieth green building operation shall meet the following requirements:
(a) energy saving, water saving, indoor and outdoor environment maintenance management system is complete;
(two) energy saving, water saving and building energy metering and data acquisition and transmission devices and other facilities and equipment are operating normally;
(three) the automatic monitoring system of heating, ventilation, air conditioning, lighting and other equipment is operating normally, and the use of air conditioning meets the temperature control requirements stipulated by the state;
(four) waste gas, sewage and other pollutants produced in the course of operation meet the standards;
(5) Classify and collect domestic garbage, and set up garbage collection containers.
Article 21 If the owner or user of a public building or residential building entrusts a property service enterprise to carry out property management, it shall determine personnel with corresponding technical capabilities or entrust a professional service unit to be responsible for the maintenance of energy-saving and water-saving facilities and equipment.
Twenty-second provinces and districts of the city construction departments should establish a public building energy consumption supervision information platform, the implementation of public building energy consumption dynamic monitoring and information sharing.
In accordance with the provisions of these regulations, the owner or user of the building that installs the itemized metering and data collection and transmission device for building energy consumption shall connect the device to the public building energy consumption supervision information platform and ensure its normal operation.
Owners or users of public buildings that are not equipped with building energy itemized metering and data collection and transmission devices, as well as power supply, gas supply, water supply and heating units, shall submit building energy consumption data to the local construction authorities every year.
The financial department shall guarantee the maintenance funds of the public building energy consumption supervision information platform.
Twenty-third people's governments at or above the county level shall establish and improve the statistical system of building energy consumption in conjunction with the statistical and administrative departments at the same level, and publish the statistical results to the public.
Twenty-fourth provincial economic and information technology departments shall, jointly with the provincial construction departments, formulate energy consumption limit standards for public buildings and announce them to the public.
The energy conservation supervision institutions under the economic and information departments of the people's governments at or above the county level shall focus on the implementation of energy consumption quota management for office buildings of state organs and other public buildings with a total construction area of 1 10,000 square meters or more.
For public buildings that exceed the energy consumption limit, the punitive electricity price policy shall be implemented in accordance with the relevant provisions of the state and the province, and the competent department of economy and information technology of the people's government at or above the county level shall order rectification within a time limit.
Twenty-fifth people's governments at or above the county level shall, in accordance with the green building standards, promote the renovation of existing civil buildings, formulate renovation plans, and organize their implementation. Office buildings of state organs and other public buildings invested or mainly invested by the government should be included in the transformation plan first.
The expenses for the renovation of office buildings of state organs shall be included in the fiscal budget of the corresponding level by the people's governments at or above the county level; Residential buildings and public buildings used by public welfare undertakings such as education, science, culture, health and sports. Are included in the government transformation plan, the transformation costs are shared by the government and the building owners, and the specific burden ratio is determined by the people's governments of cities and counties (cities) with districts.
Before the implementation of energy-saving renovation projects using financial funds, civil building energy-saving assessment agencies shall be entrusted to check the amount of building energy conservation.
Twenty-sixth encourage building energy-saving service institutions to provide contract energy management services for building operation and energy-saving renovation of existing civil buildings.
The office buildings of state organs should gradually adopt the contract energy management mode for transformation. The energy-saving funds saved after the transformation can be used to pay the service fees of energy-saving service institutions in accordance with the contract.
Chapter IV Technology and Application
Twenty-seventh civil building construction should promote the application of natural ventilation, natural lighting, rainwater utilization, waste heat utilization, termite ecological control, solar energy, shallow geothermal energy, air energy utilization and other advanced applicable technologies.
Twenty-eighth urban and town planning areas should plan and build underground utility tunnel, three-dimensional traffic and rainwater comprehensive utilization system according to local conditions.
In the area where the underground comprehensive pipe trench has been built, relevant pipelines such as power, communication and water supply should enter the pipe gallery.
Twenty-ninth urban and town planning area land development should promote the low-impact development model, realize the natural accumulation, natural infiltration and natural purification of rainwater, and improve the comprehensive utilization level of water resources. Newly-built civil buildings with a land area of more than 20,000 square meters shall simultaneously build rainwater collection and utilization systems in accordance with relevant national and provincial standards.
Non-traditional water sources such as rainwater and reclaimed water should be given priority in landscape water, greening water and road washing water for new civil buildings.
Water-saving appliances should be used in new civil buildings, and rainwater and sewage diversion technology should be adopted in the construction of site drainage network.
Thirtieth new civil buildings in urban and town planning areas shall promote the economical and intensive use of land, and develop underground space in accordance with the underground space development and utilization planning and relevant standards. Actively promote the interconnection of underground space between adjacent urban plots.
Thirty-first new residential buildings (excluding farmers' self-built houses), office buildings of state organs, government investment or other public buildings with a total construction area of more than 1 10,000 square meters shall use renewable energy in accordance with relevant national and provincial standards. Renewable energy utilization facilities should be integrated with the main building design, synchronous construction and synchronous acceptance.
When installing solar photothermal system or distributed photovoltaic power generation system in new civil buildings, solar collectors and photovoltaic panels should be coordinated with the appearance and shape of the building.
The affiliated parking lot of civil buildings shall be equipped with electric vehicle charging facilities in accordance with the relevant provisions of the state and the province.
Thirty-second civil buildings should use ready-mixed mortar, ready-mixed concrete, high-strength steel bars and new wall materials in accordance with the relevant provisions of the state and the province, and promote the application of high-performance concrete.
Municipal road foundation cushion, fence, tube well, pipe trench, retaining slope, subgrade cushion and other engineering parts to encourage the use of recycled building materials.
Roads and ground parking lots within the scope of civil construction projects should give priority to the use of permeable recycled building materials.
Thirty-third people's governments at or above the county level shall promote the new construction industrialization, support the construction of the new construction industrialization base, establish and improve the relevant systems and technical systems, and improve the technology integration level of the new construction industrialization.
Government-invested or government-invested office buildings and other public buildings of state organs shall give priority to the application of new building industrialization technologies.
The people's governments of cities and counties (cities) divided into districts can determine a certain proportion of civil buildings according to the special planning of green buildings, apply new building industrialization technology for construction, and incorporate the requirements of new building industrialization technology into the conditions for transferring the right to use state-owned construction land.
If it is really necessary to drive beyond the prescribed maximum limit due to the transportation of new industrial building components that cannot be disintegrated, the highway management organization shall go through the relevant formalities in a timely manner in accordance with the provisions of laws and regulations on road administration.
Thirty-fourth rural civil buildings are encouraged to adapt to local conditions, adopt local materials and traditional techniques, and promote the application of green building technologies such as building wall insulation, solar photothermal and photovoltaic.
Thirty-fifth to encourage and support the popularization and application of building information model technology in the survey, design, construction and operation management of civil buildings. Government-invested or government-invested office buildings and other public buildings of state organs should apply building information model technology.
Chapter V Guidance and Incentive
Thirty-sixth people's governments at or above the county level shall arrange funds, focusing on the following areas:
(a) green building technology, product development and promotion;
(2) Formulation of relevant standards for green buildings;
(three) contract energy management, distributed energy building application, renewable energy building application, existing civil building renovation, supervision information system construction, new construction industrialization and other project demonstrations;
(4) regional demonstration of green building;
(five) green building technology publicity and training and public information services.
Thirty-seventh encourage and support enterprises, institutions of higher learning and research and development institutions to research and develop new technologies, new processes, new materials and new equipment for green buildings. The research and development expenses incurred in the development of new technologies, new processes, new materials and new equipment for green buildings can enjoy preferential treatment such as pre-tax deduction in accordance with relevant state regulations.
The competent department of science and technology of the people's governments at or above the county level shall incorporate the key technologies of green buildings into key areas of scientific research and development, promote the transformation of scientific and technological achievements of green buildings, and support the construction of public technical service platforms and R&D institutions for green buildings.
The provincial construction administrative department shall incorporate the advanced and applicable green building new technologies, new processes, new materials and new equipment into the catalogue for the promotion and use of construction materials and equipment in this province.
Civil buildings adopt new green building technologies, new materials and new equipment without engineering construction standards, which can be used in civil buildings after technical demonstration in accordance with relevant state regulations.
Thirty-eighth construction, purchase and operation of green buildings to implement the following support policies:
(a) due to the use of wall insulation technology to increase the construction area is not included in the floor area ratio accounting and real estate registration construction area;
(two) the use of solar energy, shallow geothermal energy, air energy, the construction unit can apply for project funding subsidies in accordance with the relevant provisions of the state and province;
(three) residential buildings using ground source heat pump technology for heating and cooling, heating and cooling system electricity can implement the residents' peak-valley time-of-use price;
(four) the use of housing provident fund loans to buy two-star green buildings, the maximum amount of provident fund loans can rise by 20%, the specific proportion is determined by the municipal housing provident fund management department.
For the pre-sale of commercial housing, the green building grade specified in Item (4) of the preceding paragraph shall be determined according to the energy-saving review opinions.
Thirty-ninth state organs, schools, hospitals, large shopping malls, traffic stations and other units are encouraged to install distributed photovoltaic power generation systems on the roofs of their buildings. When calculating the energy consumption of public buildings, the photovoltaic power generation of the building itself can be deducted from its building energy consumption.
Fortieth encourage the use of the facade, structural layer and roof of buildings for three-dimensional greening.
Forty-first new public rental housing should be built in accordance with the requirements of fully renovated finished housing.
Encourage the construction of commercial housing in accordance with the requirements of fully renovated finished housing, implement one-time decoration in the form of menu decoration, and promote the unity of personalized decoration and industrial decoration.
The decoration materials used in fully decorated finished houses shall meet the standards for protecting human health and personal and property safety.
Forty-second to encourage and support the development of green building technology service industry, establish and improve the green building technology service system.
The competent construction department of the people's government at or above the county level shall establish a supervision system for the quality of green building technical services.
Chapter VI Legal Liability
Forty-third acts in violation of the provisions of this Ordinance, laws and administrative regulations have legal liability provisions, from its provisions.
Forty-fourth in violation of the provisions of the third paragraph of Article 11 of these regulations, the construction unit has not installed the itemized metering and data acquisition and transmission device for building energy, and the competent construction department of the people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than fifty thousand yuan but not more than one hundred thousand yuan shall be imposed.
Forty-fifth in violation of the provisions of article sixteenth of these regulations, the construction unit has one of the following circumstances, the competent construction department of the people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than two percent and less than four percent of the contract price of civil construction projects:
(a) did not check whether the civil building envelope, energy-saving and water-saving facilities and equipment meet the requirements of construction drawing design documents and mandatory standards for green buildings;
(two) civil building envelope, energy-saving and water-saving facilities and equipment do not meet the requirements of construction drawings and design documents or the mandatory standards for green buildings have passed the completion acceptance;
(three) the building energy efficiency evaluation was not carried out or the evaluation results were unqualified and passed the final acceptance.
Article 46 In violation of the provisions of the second paragraph of Article 16 of these regulations, if a civil building energy-saving assessment institution issues a false or seriously inaccurate building energy-saving assessment report, the competent construction department of the people's government at or above the county level shall order it to make corrections within a time limit, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; The building energy-saving assessment report compiled or participated by energy-saving assessment institutions and responsibility appraisers within three years after being punished shall not be used as the basis for final acceptance.
Forty-seventh real estate development enterprises, in violation of the provisions of Article 19 of these regulations, failed to specify the green building grade and corresponding technical measures of the houses they sold, or the warranty period and protection requirements of energy-saving and water-saving projects, facilities and equipment. In the commercial housing sales contract, commercial housing quality guarantee, commercial housing use instructions, the competent construction department of the people's government at or above the county level shall order it to make corrections within a time limit, and if it fails to make corrections within the time limit, it shall be fined between 30,000 yuan and 50,000 yuan; Those who make false propaganda on the above information shall be fined between 50,000 yuan and 200,000 yuan.
Article 48 In violation of the provisions of the second paragraph of Article 22 of these regulations, if the owner or user of a public building fails to connect the itemized measurement and data collection and transmission device of building energy consumption to the information platform of public building energy consumption supervision, or fails to ensure the normal operation of the device, the competent construction department of the people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than fifty thousand yuan but not more than one hundred thousand yuan shall be imposed.
Article 49 If the competent construction department of the people's government at or above the county level and other relevant departments and their staff neglect their duties, abuse their powers or engage in malpractices for selfish ends in the supervision and management of green building activities, the relevant competent departments shall give sanctions to the directly responsible person in charge and other directly responsible personnel according to law.
Chapter VII Supplementary Provisions
Fiftieth the provisions of this Ordinance on the office space of state organs shall apply to the office space of institutions and organizations that all use financial funds.
Fifty-first buildings other than civil buildings are encouraged to be built in accordance with the technical requirements of green buildings.
Article 52 These Regulations shall come into force as of May 6, 0. The Measures for the Administration of Building Energy Efficiency in Zhejiang Province promulgated by the People's Government of Zhejiang Province shall be abolished at the same time.