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Administrative Measures for Construction Permits for Construction Projects (Promulgated by Decree No. 18 of the Ministry of Housing and Urban-Rural Development on June 25, 2014, amended by Decree No. 42 of the Ministry of Housing and Urban-Rural Development of September 28, 2018)
Article 1 These Measures are formulated in accordance with the "Building Law of the People's Republic of China" in order to strengthen the supervision and management of construction activities, maintain the order of the construction market, and ensure the quality and safety of construction projects.
Article 2: Construction units in the People's Republic of China that are engaged in the construction, decoration, and installation of supporting lines, pipes, and equipment, as well as the construction of urban infrastructure projects in cities and towns, construction units shall comply with The provisions of these Measures apply to the housing, urban and rural construction authorities of the local people's government at or above the county level (hereinafter referred to as the license-issuing authority) for the construction permit.
For construction projects with an investment of less than 300,000 yuan or a construction area of less than 300 square meters, a construction permit may not be applied for. The housing, urban and rural construction authorities of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may adjust the quotas according to the actual local conditions, and report to the State Council ’s housing urban and rural construction authorities for the record.
Construction projects that have approved construction reports in accordance with the authority and procedures prescribed by the State Council will no longer receive construction permits.
Article 3 All construction projects that are required to apply for a construction permit under these Measures shall not start construction without a construction permit.
No unit or individual may decompose a construction project that should apply for a construction permit into a number of construction projects below the limit, and circumvent the application for a construction permit.
Article 4 A construction unit applying for a construction permit shall meet the following requirements and submit corresponding certification documents:
(1) Where land use approval procedures are required according to law, the land use approval procedures for construction projects have already been completed.
(2) For construction projects in urban and town planning areas, construction project planning permits have been obtained.
(3) If the construction site is basically equipped with construction conditions and houses need to be requisitioned, the progress meets the construction requirements.
(4) Construction enterprises have been identified. If there is no bidding for a project that should be invited for bidding according to regulations, if there is no public bidding for a project that should be invited for public bidding, or for dismantling and contracting a project, and for contracting out a project to an enterprise that does not have the corresponding qualifications, the identified construction enterprise is invalid.
(5) There are technical data to meet the construction needs, and the construction drawing design documents have been reviewed and qualified according to regulations.
(6) There are specific measures to ensure the quality and safety of the project. The construction organization design prepared by the construction enterprise has corresponding quality and safety technical measures formulated according to the characteristics of the construction project. Establish a project quality and safety responsibility system and implement it to people. Specialized engineering projects have prepared special quality and safety construction organization designs, and have gone through engineering quality and safety supervision procedures in accordance with regulations.
(7) Construction funds have been implemented. The construction unit shall provide the construction funds and have implemented the letter of commitment.
(8) Other conditions stipulated by laws and administrative regulations.
The competent departments of housing and urban-rural construction of local people's governments at or above the county level shall not violate the laws and regulations and establish other conditions for processing construction permits.
Article 5 The application for a construction permit shall be conducted in accordance with the following procedures:
(1) The construction unit shall obtain the Application Form for Construction Project Construction Permit from the license-issuing authority.
(2) The construction unit holds the Application Form for Construction Project Construction Permit stamped by the stamped unit and legal representative, and attaches the certification documents stipulated in Article 4 of these Measures to the application authority.
(3) After receiving the "Application Form for Construction Project Construction Permit" and the attached supporting documents submitted by the construction unit, the issuing authority shall issue a construction permit within seven days from the date of receipt of the application; If the certification documents are incomplete or invalid, the construction unit shall be informed on the spot or once within five days of all the content that needs to be corrected, and the examination and approval time may be postponed after the certification documents have been completed and corrected; for those that do not meet the requirements, the date of receipt of the application The construction unit shall be notified in writing within seven days from the date and the reasons shall be explained.
During the construction process, if the construction unit or the construction unit changes, it shall apply for a construction permit again.
Article 6 The name, location and scale of the project for which the construction unit applies for a construction permit shall be in accordance with the construction contract signed in accordance with the law.
The construction permit shall be placed at the construction site for inspection and shall be made public at the construction site as required.
Article 7 The construction permit shall not be forged or altered.
Article 8 The construction unit shall start construction within three months from the date of obtaining the construction permit. If the project cannot be started on schedule for some reason, it should apply to the license-issuing authority for an extension and explain the reason; the extension is limited to two times and each time does not exceed three months. The construction permit shall be revoked on its own if it neither starts construction nor applies for extension or exceeds the number and time limit of extension.
Article 9 If a construction project under construction is suspended for any reason, the construction unit shall report to the license-issuing authority within one month from the date of the suspension of construction, and the report shall include the time, reason, site, maintenance management measures, etc. of the suspension of construction, And do a good job of maintenance management of construction projects in accordance with regulations.
When a construction project resumes construction, it shall report to the license-issuing authority; before the project resumes construction after the suspension of construction for one year, the construction unit shall report to the license-issuing authority to verify the construction permit.
Article 10 The license-issuing authority shall publicize the basis, conditions, procedures, time limit, all materials that need to be submitted and the model application for application, etc. at the office and relevant websites.
The decision on the construction permit made by the license-issuing authority shall be made public and the public shall have the right to inspect it.
Article 11 The license-issuing organ shall establish a supervision and inspection system after the issuance of the construction permit, and conduct supervision and inspection on changes in conditions, postponement of construction, and suspension of construction after obtaining the construction permit, and shall promptly deal with violations of laws and regulations.
Article 12 For unauthorized construction without obtaining a construction permit or decomposing the project for the purpose of evading the application for a construction permit, the license-issuing authority with jurisdiction shall order the construction to be stopped, make corrections within a time limit, and pay 1% of the contract price of the construction unit The above fine is less than 2%; the construction unit shall be fined less than 30,000 yuan.
Article 13 If a construction unit obtains a construction permit by improper means such as deception or bribery, the original license-issuing authority shall revoke the construction permit, order it to stop construction, and impose a fine of 10,000 to 30,000 yuan; if it constitutes a crime, Investigate criminal responsibility according to law.
Article 14 Where a construction unit conceals relevant information or provides false materials to apply for a construction permit, the license-issuing authority will not accept or permit it, and impose a fine of 10,000 to 30,000 yuan; if it constitutes a crime, criminal liability shall be investigated according to law .
If the construction unit forges or alters the construction permit, the license-issuing agency shall order the construction to be suspended and impose a fine of 10,000 to 30,000 yuan; if it constitutes a crime, criminal liability shall be investigated in accordance with the law.
Article 15 In accordance with the provisions of these measures, if a unit is fined, the person in charge directly responsible for the unit and other personnel directly responsible shall impose a unit fine of 5% to 10%.
Units and related responsible persons who are punished shall be notified as records of bad behavior.
Article 16 The license-issuing authority and its staff violate the present Measures and, under one of the following circumstances, their superior administrative organ or supervisory authority shall order correction; if the circumstances are serious, the person in charge directly responsible and other directly responsible persons, Administrative sanctions according to law:
(1) granting construction permits to applicants who do not meet the requirements;
(2) Failure to grant a construction permit to a qualified applicant or failing to make a decision to grant permission within the legal time limit;
(3) refusing to accept qualified applications;
(4) Taking advantage of his position to accept the property of others or seek other benefits;
(5) Failure to perform supervision duties or inadequate supervision in accordance with law, causing serious consequences.
Article 17 The format for construction permits for construction projects shall be formulated by the department in charge of housing urban and rural construction under the State Council, and shall be uniformly printed by the departments in charge of housing urban and rural construction in the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The construction permit is divided into an original and a copy, and the original and the copy have the same legal effect. The photocopying construction permit is invalid.
Article 18 The provisions of these Measures on the management of construction permits are applicable to other professional construction projects. Where there are clear provisions in relevant laws and administrative regulations, those provisions shall prevail.
These measures are not applicable to construction activities specified in Article 83, paragraph 3 of the Building Law.
The administration of construction permits for military housing construction projects shall be implemented in accordance with the measures formulated by the State Council and the Central Military Commission.
Article 19 The competent departments of housing, urban and rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation rules in accordance with these Measures.
Article 20 These Measures shall be implemented as of October 25, 2014. The Measures for the Administration of Construction Permits for Construction Projects, issued on October 15, 1999, No. 71 issued by the Ministry of Construction, and amended on July 4, 2001, No. 91, were simultaneously abolished.