State Council of the People's Republic

　　No. 530

　　" Building Energy Conservation Ordinance " has been July 23, 2008 the 18th executive meeting of the State Council , is hereby promulgated and shall be from October 1, 2008 .

　　Premier Wen Jiabao

　　August 1, 2008

　　Civil construction energy saving Ordinance

　　Chapter I General

　　In order to strengthen civil energy management , civil reduce energy consumption during use , improve energy efficiency , the development of the regulations.

　　Article The term civil energy , is the function of ensuring the civil use of indoor thermal environment and the quality of the premise , to reduce their energy consumption during use activities .

　　The term civil means other public buildings residential buildings , government agencies and commercial office buildings , services, education and health .

　　Article governments at all levels should strengthen the leadership of civil energy work, and actively cultivate civil energy services market , improve the energy efficiency of civil service system , promote the development and application of civil energy technology , good knowledge of civil energy education work .

　　The state shall encourage and support the use of solar , geothermal and other renewable energy sources in new buildings and existing buildings energy saving .

　　In areas with solar energy utilization conditions , the local people's government and its departments shall take effective measures to encourage and support units and individuals to install solar hot water systems, lighting systems, heating systems, heating and cooling systems and other solar energy systems.

　　Article building department of the State Council is responsible for overseeing the management of the country 's civil energy . Local people's governments above the county building department is responsible for the supervision and administration of civil administrative region energy .

　　People's governments above the county level shall be in accordance with the provisions of this Ordinance and the division of responsibilities specified in the people's government , responsible for civil construction work for energy conservation.

　　Article building departments under the State Council shall be a special long-term national energy planning guidance , preparation of national civil energy planning and related planning convergence.

　　Local people's governments above the county building department shall organize the preparation of the administrative region of civil energy planning , the people's government at the same level for approval .

　　Article VII of the State to establish and improve civil energy standards . National Energy conservation standards set by the State Council department in charge of construction organizations to develop and publish in accordance with legal procedures.

　　The state encourages the development, adoption is better than the national standard of local civil civil energy saving standards.

　　Article VIII of the people's governments above the county level shall arrange civil energy funds to support civil energy science and technology research and standards development , energy-saving renovation of existing buildings and heating systems , renewable energy applications, as well as civil energy demonstration project to promote energy-saving projects.

　　Government-led financial institutions to the existing building energy saving , renewable energy applications, as well as civil engineering and other energy-saving demonstration project to provide support.

　　Energy conservation projects enjoy preferential tax law.

　　The state shall actively promote the heating system , improve the heating price formation mechanism, encouraging the development of district heating , heat and gradually implemented in accordance with the charging system .

　　Article X of the remarkable achievements made ​​in civil energy work units and individuals , in accordance with relevant state regulations give recognition and reward .

　　The second chapter of new building energy efficiency

　　The state shall promote the use of new civil energy technologies, new processes , new materials and new equipment, restrict or prohibit the use of high energy consumption, the use of technologies, processes , materials and equipment . The State Council department in charge of energy conservation , building departments should develop , publish and promote the use of timely updates , restrictions on the use , prohibit the use of the directory .

　　Countries restrict or prohibit the import of high consumption of imported energy technologies, materials and equipment.

　　Construction units, design units, construction units should not be used in construction activities included in the prohibition of the use of directory technologies, processes , materials and equipment .

　　Article XII of the preparation of the detailed planning of cities , towns and detailed planning should be in accordance with the civil energy requirements, determine the layout of the building , shape and orientation.

　　Urban and rural planning departments to review the law on civil planning , construction should consult the competent authorities on the same level design meets the mandatory standards for civil energy ; building department shall, from the date of receipt of the opinion of the material sought comments within 10 days . Comments within the period of time is not calculated in the planning permission .

　　Do not meet the mandatory standards for civil energy , construction planning permit shall be issued .

　　Article XIII construction design document review in accordance with the civil institutions should undertake a review of mandatory standards for energy-saving construction design documents ; upon examination does not comply with the mandatory civil energy standards , local people's governments above the county building department shall not issue construction license.

　　Article XIV construction unit shall express or implied design units, construction units in violation of mandatory energy efficiency standards for civil design, construction, construction units shall be expressed or implied use of wall materials do not meet the requirements of the construction design documents , insulation materials, windows and doors , heating and cooling systems and lighting equipment .

　　Accordance with the contract procurement by the construction unit wall materials, insulation materials, windows and doors, heating and cooling systems and lighting equipment , construction units should ensure that they meet the construction design documentation requirements.

　　Article XV design units, construction units, project supervision units and certified professionals , should be the design, construction , supervision in accordance with the mandatory standards for civil energy .

　　Article XVI construction unit shall enter the construction site of the wall materials, insulation materials, windows and doors, heating and cooling systems and lighting equipment for inspection ; do not meet the requirements of the construction design documents , shall not be used .

　　Engineering supervision unit construction unit found no mandatory standards for energy efficiency in accordance with civil construction , construction units should be required to correct ; construction unit refuses to correct, engineering supervision unit shall promptly report the construction unit , and report to the relevant authorities.

　　Walls, roof insulation during construction, supervising engineer shall be in accordance with the specification requirements engineering supervision , take next station , inspections and supervision of the implementation of the parallel test form .

　　Signature without supervision engineer , wall materials, insulation materials, windows and doors, heating and cooling systems and lighting equipment shall not be used or installed in the building , the construction unit shall conduct a process under construction .

　　Article XVII completion and acceptance of the construction units of the organization shall be responsible for compliance with civil mandatory energy efficiency standards for civil examination ; do not meet the mandatory standards for civil energy shall issue final acceptance report .

　　Article XVIII building centralized heating control devices should be installed heating system with heat metering device and the indoor temperature control devices ; public buildings should also install electrical sub-metering devices. Residential buildings with heat metering devices shall be installed to meet the requirements of household metering .

　　It should be legally certified by the metering device .

　　Article 19 Construction of public corridors , stairways and other parts, should be installed , use energy-efficient lighting and electrical control devices.

　　For persons with conditions for renewable energy construction , the construction unit should choose a suitable renewable energy for heating, cooling, lighting and hot water supply ; design shall be in accordance with the relevant units of renewable energy use to design standards .

　　Construction of renewable energy facilities should be synchronous design and construction of the main project , simultaneous construction and simultaneous acceptance.

　　Article 21 The state government office buildings and large public buildings of ownership shall be building energy efficiency evaluation and identification , and in accordance with the relevant provisions of the State survey results will be publicized , accept social supervision.

　　State office buildings should be installed , use energy-saving equipment .

　　The term large public buildings, is the single building area of ​​20,000 square meters of public buildings.

　　Twenty- two real estate development enterprise sales of commercial housing , should express the sale of real estate to the purchaser of energy consumption indicators , energy saving measures and protection requirements , insulation works , such as warranty information, and residential real estate sales contracts and quality assurance , Residential Manual set forth .

　　Article 23 under normal conditions of use, insulation works minimum warranty period of 5 years . Warranty insulation works , since the completion date of acceptance date.

　　Insulation engineering quality problems in the warranty and the warranty period, the construction unit shall fulfill warranty obligations , and to bear the loss caused by the law liability.

　　Chapter III energy efficiency of existing buildings

　　Article 24 Existing Building Energy Saving should be based on the actual situation of local economic and social development level and geographical and climatic conditions , such as a planned, step by step implementation of classification reform .

　　The term energy-saving renovation of existing buildings , is the envelope do not meet the mandatory standards for civil energy of existing buildings , heating systems, heating and cooling systems, lighting and hot water supply facilities, the implementation of energy saving activities.

　　Article 25 Local people's governments above the county level departments shall building 's construction , the structure of the administrative area of ​​the existing building , with the survey and analysis of tissue energy systems , energy consumption indicators , such as life cycle , the development of existing buildings energy-saving plan , a clear energy saving objectives, scope and requirements of the people's government at the same level approved by the organization and implementation .

　　Energy-saving central state organs of existing buildings , to develop energy-saving plans by the relevant administrative authorities affairs agencies , and their implementation.

　　Article 26 The state office buildings , government energy-saving investments and government investment in public buildings , should develop energy-saving programs , after full argument , and go through the relevant approval procedures can be carried out in accordance with relevant state regulations .

　　Governments at all levels and relevant departments and units shall not violate the relevant national regulations and standards to energy saving in the name of the preceding paragraph for the expansion of existing buildings , alterations.

　　Article 27 of the other public buildings other than residential buildings and the provisions of Article 26 of the civil energy does not meet the mandatory standards , while respecting the wishes of the owner of the building , based on the possible combination of expansion, renovation , and gradually implement energy transformation.

　　Article 28 The implementation of energy conservation in existing buildings, shall comply with the mandatory standards for civil energy , priority uses shading , ventilation and other low-cost reform measures .

　　Transformation of the transformation of existing buildings and heating systems shall be carried out simultaneously .

　　Article 29 centralized heating buildings for energy saving , control devices should be installed heating system and heat metering devices ; public buildings for energy saving , but also should be installed indoor temperature control sub-metering devices and electrical devices .

　　Article 30 The cost of energy-saving state organ office buildings by the people's governments above the county level included in the budget .

　　Public buildings and residential building energy saving costs of education, science , culture, health , sports and other public welfare undertakings used jointly by the government , the building owners.

　　The State encourages investment in social capital Existing Building Energy Saving .

　　Chapter IV building energy saving systems running

　　Article 31 , or the right to use the building owner shall ensure the normal operation of building energy systems , building envelope shall not man-made damage and energy systems.

　　Ownership or use rights of people who state organ office buildings and large public buildings shall establish civil energy management systems and procedures , monitoring of building energy systems, maintenance and breakdown of electricity regularly at the county level or above People's Government building department .

　　Article 32 Local people's governments above the county level departments in charge of energy conservation should be in conjunction with the building department to determine the focus of the administrative area of public buildings and their annual electricity consumption unit limit .

　　Local people's governments above the county building department of the administrative areas shall state organ office buildings and public buildings, electricity consumption in the investigation and evaluation of statistical analysis . State office buildings and large public buildings for heating, cooling , lighting, energy consumption should be in accordance with laws , administrative regulations and other relevant provisions of the public.

　　Ownership or use rights of people who state organ office buildings and public buildings shall cooperate with the investigation of the statistical work of local people's governments above the county building departments.

　　Article 33 heating units shall establish and improve relevant systems , professional and technical personnel to strengthen education and training .

　　Heating units should improve technology and equipment , the implementation of measurement management, and heating systems to monitor, maintain and improve the efficiency of the heating system to ensure operation of the heating system in line with civil energy mandatory standards .

　　Article 34 Local people's governments above the county building department should carry out a survey and analysis of the energy consumption of the administrative regions of heating units , heating units and to develop energy consumption indicators ; on over energy consumption indicators, should be required heating units to develop appropriate measures for improvement, and supervise their implementation .

　　Chapter V Legal Liability

　　Article 35 violation of these regulations , people's governments above the county level , one of the following acts , the responsible person in charge and other directly responsible personnel shall be punished ; constitutes a crime, be held criminally responsible :

　　( A ) the design plan does not comply with the mandatory standard civil energy projects awarded civil construction project planning permit ;

　　(B ) do not comply with the mandatory standards of design civil energy program issued a qualified opinion ;

　　(C ) for the construction design documents do not meet the mandatory standards for civil energy projects awarded civil construction permit ;

　　( 4) failing to perform the regulatory functions of the other acts in accordance with law .

　　Article 36 violation of these regulations , governments at all levels and relevant departments , in violation of state regulations and standards related to energy saving in the name of the expansion of existing buildings , alterations , and responsible for executives other directly responsible personnel shall be punished .

　　Article 37 violation of these regulations , the construction unit of the following acts by the local people's governments above the county level building department shall order correction, more than 200,000 yuan fine of $ 500,000 or less :

　　( A ) express or implied design units, construction units in violation of mandatory energy efficiency standards for civil design and construction ;

　　(B ) construction units expressed or implied in the wall material does not meet the requirements of the construction design documents , insulation materials, windows and doors, heating and cooling systems and lighting equipment ;

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

　　(D ) prohibit the use of the directory using the included technologies, processes , materials and equipment.

　　Article 38 violation of these regulations , civil construction units do not meet the mandatory energy efficiency standards for civil construction projects final acceptance report issued by the local people's governments above the county building department shall order correction, civil construction project contract price more than 2 % to 4% of the fine ; cause losses, shall be liable for damages.

　　Article 39 violation of these regulations , the design unit is not conducted in accordance with mandatory standards for civil energy design , or use the directory to include prohibiting the use of technologies, processes , materials and equipment by the local people's governments above the county building department order correction , a fine of 100,000 yuan to 300,000 yuan ; circumstances are serious, the qualification certificate issued by the department ordered to suspend , reduce or revoke the qualification certificate of qualification ; cause losses, shall be liable for damages.

　　Article 40 violation of these regulations , the construction unit is not in accordance with the construction of civil energy mandatory standards , local people's governments above the county level building department shall order correction, civil construction project contract price more than 2% to 4% of fines ; the circumstances are serious , the qualification certificate issued by the department ordered to suspend , reduce or revoke the qualification certificate of qualification ; cause losses, shall be liable for damages.

　　Violation of Article 41 of these Regulations, the construction unit of the following acts by the local people's governments above the county level building department shall order correction, more than 10 million fine of $ 200,000 or less ; circumstances are serious, the issue department qualification certificate ordered to suspend , reduce or revoke the qualification certificate of qualification ; losses , shall be liable for :

　　( A ) not entering the construction site of the wall materials, insulation materials, windows and doors, heating and cooling systems and lighting equipment for inspection of ;

　　(B ) does not meet the requirements of the construction design documents wall materials , insulation materials, windows and doors, heating and cooling systems and lighting equipment ;

　　(C ) prohibit the use of directories to include the use of technologies, processes , materials and equipment.

　　Article 42 violation of these regulations , engineering supervision unit of the following acts by the local people's governments above the county building department shall order rectification; overdue correction , a fine of 100,000 yuan to 300,000 yuan ; the circumstances are serious , the qualification certificate issued by the department ordered to suspend , reduce or revoke the qualification certificate of qualification ; losses , shall be liable for compensation :

　　( A ) not implemented in accordance with the Commissioner of mandatory standards for civil energy ;

　　(B ) walls, roof insulation during construction, failed to take next station , inspections and testing and other forms of parallel implementation supervision.

　　Wall materials do not meet the requirements of the construction design documents , insulation materials, windows and doors, heating and cooling systems and lighting equipment, construction design documents in accordance with the requirements in line with the signature , in accordance with Article 67 , " Construction Quality Management Regulations " provisions punishment.

　　Article 43 violation of these regulations , real estate development enterprise sales of real estate , real estate sold unspecified energy consumption indicators , energy-saving measures and protection requirements , insulation works warranty and other information to the purchaser or the purchaser expressly sold and the actual energy consumption of commercial energy consumption indicators are inconsistent , shall bear civil liability ; by the local people's governments above the county building department shall order rectification; overdue correction, a total home sales used to deliver a fine of 2% or less ; circumstances are serious by qualification certificate issued by the Department of reducing the level of qualification or revoke the certificate of qualification .

　　Article 44 violation of these regulations , civil registration mandatory standards for energy efficiency practitioners not executed by the people's governments above the county building department ordered to stop practicing more than 3 months to 1 year ; circumstances are serious, the qualifications awarded department qualification certificate revocation certificate , refuse to register five years.

　　Chapter VI Supplementary

　　Article 45 of this Ordinance shall become effective October 1, 2008 .