Recently, the Housing and Construction Department of Shandong Province issued the latest edition of the Measures for the Administration of Construction Permits for Construction Projects and Municipal Projects in Shandong Province.
The revision of the new version of the Measures is also a timely response to the decision of the Ministry of Housing and Urban-Rural Development.
What are the main changes in the new version compared with the old one? The organization is as follows:
1, Article 2, For a construction project that does not require a construction permit, what shall it be? The project investment is less than 300,000 yuan or the construction area is less than 300 square meters? Modify it to? The project investment is less than 300,000 yuan and the construction area is less than 300 square meters? .
2. Number three, right? Rural construction projects above designated size and rural construction projects? The concept of definition;
3. Articles 4 and 6 delete the construction contract? Filing requirements;
4. Add Article 5? Engineering quality, construction safety supervision procedures and construction permits shall be handled in combination, and application materials shall be submitted at the same time, and handling result documents shall be issued. ?
Article 6 Where the land for construction has basically met the construction conditions and houses need to be expropriated, the construction unit shall provide it? A certificate signed by the main technical person in charge of the construction enterprise or the person in charge of the project that the construction conditions have been met? Change to? A letter of commitment with construction conditions? .
Delete? The project that should be entrusted for supervision according to the regulations has been entrusted for supervision. The construction unit shall provide a registered construction project supervision contract. ?
If the construction period is less than one year, the funds in place shall not be less than 50% of the project contract price in principle, and if the construction period is more than one year, the funds in place shall not be less than 30% of the project contract price in principle. The construction unit shall submit the certificate of no arrears of project funds, the undertaking letter of no arrears of project funds and the certificate of funds in place issued by the bank. Conditional bank payment guarantee or other third-party guarantee can be implemented. ? Modify it to? The construction unit shall submit a letter of commitment that the construction funds have been implemented. ?
6. article 7 The issuing authority shall issue a construction permit within fifteen working days from the date of accepting the application after receiving the building construction permits Application Form and the attached supporting documents submitted by the construction unit; If the supporting documents are incomplete or invalid, it shall inform the construction unit of all the contents that need to be corrected at one time on the spot or within five working days. After all the supporting documents are corrected, the approval time shall be postponed accordingly; Do not meet the requirements, it shall notify the construction unit in writing within fifteen working days from the date of receiving the application, and explain the reasons. ?
Modify it to? After receiving the building construction permits Application Form and the attached materials submitted by the construction unit, the issuing authority shall issue a construction permit within three working days from the date of accepting the application; If the information is incomplete or invalid, it shall inform the construction unit of all the contents that need to be corrected on the spot or within one working day. After all the information is corrected, the examination and approval time shall be postponed accordingly; Do not meet the requirements, it shall notify the construction unit in writing within three working days from the date of receiving the application, and explain the reasons. ?
Delete? Before issuing the construction permit, the issuing authority or the relevant units entrusted by it shall go to the project site for reconnaissance and form the site reconnaissance record of the construction permit. ?
Article 12. The issuing authority shall establish a supervision and inspection system for construction permits, and supervise and inspect the changes in construction conditions, delays in construction, suspension of construction, and performance of commitments. After obtaining the construction permit, deal with the illegal behavior in time. Increase? Keep your promise? .
8. Article 14 is added? If the construction unit provides false promises or fails to fulfill the promises, it shall be treated as obtaining the construction permit by deception or other improper means. ?
9. Article 19 Accession? For qualified general contracting projects, the construction permit shall be handled in time according to law. Before the new construction permit is printed by the competent department of housing and urban and rural construction in the State Council, the existing construction permit will still be used. The contents added in the construction permit are indicated in the remarks column. ?
These Measures shall come into force as of the date of issuance and shall be valid until September 30, 2023.
Original document:
Shandong Provincial Department of Housing and Urban-Rural Development
Notice on printing and distributing the measures for the administration of construction permits for construction projects and municipal projects in Shandong Province
Lu Jianfa [2018] No.5
City Housing and Urban-Rural Development Bureau (Urban-Rural Construction Committee), Planning Bureau, Urban Management Bureau (Law Enforcement Bureau, Public Utilities Bureau, Landscape Bureau), Housing Authority, Housing Provident Fund Management Center, Jinan, Laiwu Urban-Rural Transportation Committee, Forestry and Urban-Rural Greening Bureau, Urban-Rural Water Affairs Bureau, Heze Development Office, and national-level scenic area management agencies:
The measures for the administration of building construction and municipal engineering construction permits in Shandong Province are hereby printed and distributed to you, please follow them.
Shandong Provincial Department of Housing and Urban-Rural Development
2018101October 24th
Measures of Shandong Province for the Administration of Construction Permits for Construction Projects and Municipal Projects
Article 1 In order to strengthen the supervision and management of housing construction and municipal engineering, maintain the order of the construction market and ensure the quality and safety of the project, According to the Building Law of People's Republic of China (PRC), Regulations on Quality Management of Construction Projects, Regulations on Management of Construction Market in Shandong Province, Measures for Management of Construction Permit of Construction Projects by the Ministry of Housing and Urban-Rural Development (OrderNo. 18 of the Ministry of Housing and Urban-Rural Development), Measures for Quality and Safety Management of Rural Construction Projects in Shandong Province (Order No.30 1 of the People's Government of Shandong Province), The Measures for the Quality Supervision and Management of Housing Construction and Municipal Engineering in Shandong Province (Order No.308 of the Shandong Provincial People's Government), the Notice of the General Office of the Shandong Provincial People's Government on Printing and Distributing the Action Plan for the Reform of the Examination and Approval System of Engineering Construction Projects in Shandong Province (Zheng Lu Office Zi [2065 438+08] 184) and other relevant provisions, combined with the actual situation of this province, these measures are formulated.
Article 2 For the construction of various housing buildings, urban municipal projects and rural construction projects above designated size (hereinafter referred to as construction projects) within the administrative region of this province, the construction unit or individual shall, in accordance with the provisions of these Measures, apply to the competent department of housing and urban construction of the people's government of the city or county (city, district) where the project is located (hereinafter referred to as the issuing authority) for a construction permit.
A construction project with an investment of less than 300,000 yuan and a construction area of less than 300 square meters may not require a construction permit; Where laws and regulations provide otherwise, such provisions shall prevail.
According to the authority and procedures stipulated by the State Council, the construction project that has approved the commencement report will no longer receive the construction permit.
The provincial housing and urban-rural construction department is responsible for the unified supervision and management of the province's construction permits, and the housing and urban-rural construction departments of cities and counties (cities, districts) with districts are responsible for the issuance, supervision and management of construction permits within their respective administrative areas.
Article 3 The term "housing construction project" as mentioned in these Measures refers to the construction, decoration and installation of supporting lines, pipelines and equipment of various housing buildings and their ancillary facilities.
The term "municipal engineering" as mentioned in these Measures refers to the civil engineering, pipeline and equipment installation of urban roads and bridges, tunnels, public transportation, rail transportation, water supply, drainage, gas, heat, sanitation, sewage treatment, garbage disposal, flood control, underground public facilities and other ancillary facilities.
The term "rural construction projects above designated size" as mentioned in these Measures refers to rural construction projects and rural construction projects of schools, kindergartens, health centers and other public welfare undertakings with an investment of more than 300,000 yuan or a construction area of more than 300 square meters (excluding individual farmers' self-built two-storey and below residential projects). Rural construction projects refer to housing construction and rural infrastructure projects built on rural collective construction land.
Fourth housing construction projects to the unit project as the smallest unit to apply for construction permits; For municipal engineering and rural infrastructure projects, the tender target is the smallest unit applying for construction permit. If the contract is directly awarded according to law, the contract section determined in the construction contract shall be the smallest unit to apply for the construction permit.
The term "unit project" as mentioned in these Measures refers to a building that has independent construction conditions and can form independent use functions.
Fifth the provisions of these measures must apply for the construction permit of construction projects, without obtaining the construction permit, are not allowed to start construction.
No unit or individual may break down the projects that should apply for construction permits into projects below a certain limit to avoid applying for construction permits.
Except for independent professional projects, the construction unit shall not split the unit project into several parts to apply for construction permit.
Engineering quality, construction safety supervision procedures and construction permits shall be handled in combination, and application materials shall be submitted at the same time, and handling result documents shall be issued.
Article 6 To apply for a construction permit, a construction unit shall meet the following conditions and submit relevant materials:
(1) If the land use formalities should be handled according to law, the land use formalities for construction projects have been handled.
(2) It has obtained a permit for planning construction projects or a permit for planning rural construction. If the housing construction project has handled the planning permit or rural construction planning permit, it may no longer provide the construction project planning permit or rural construction planning permit in the red line of housing construction planning and its supporting lines and pipelines.
(3) The construction enterprise has determined. If the project subject to tender according to law is not tendered, the project subject to tender is not publicly tendered, or the contracted project is dismembered and contracted to an enterprise without corresponding qualifications, the determined construction enterprise is invalid. For projects that should be subject to tender according to law, the construction unit shall provide the bid-winning notice and the construction contract; For projects directly contracted out, the construction unit shall provide the approval procedures and construction contracts for direct contracting out.
(four) the construction site has basically met the construction conditions, and it is necessary to requisition houses, and its progress meets the construction requirements. The construction unit shall provide a letter of commitment with construction conditions.
(five) the technical data meet the needs of construction, and the construction drawing design documents have been reviewed by the construction drawing review agency according to the regulations.
(six) there are specific measures to ensure the quality and safety of the project. The legal representative of the project construction, survey, design, construction and supervision enterprise has signed a letter of authorization for project quality responsibility, and the project leader has signed a letter of commitment for project quality and safety responsibility; 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. Special quality and safety construction organization design has been compiled for professional projects. The construction unit shall provide information in accordance with the relevant provisions of the project quality and construction safety supervision.
(seven) the construction funds have been implemented. The construction unit shall submit a letter of commitment that the construction funds have been implemented.
(eight) other conditions stipulated by laws, regulations and rules.
No unit or individual may add other conditions for handling the construction permit beyond the provisions of laws and regulations, and may not? The cost of hitchhiking? .
Article 7 To apply for a construction permit, the following procedures shall be followed:
(a) the construction unit to fill in the "building construction permits application form" (annex 1).
(two) the construction unit will affix the seal of the unit and the legal representative of the "building construction permits application form", with the information specified in Article 6 of these measures, and submit it to the issuing authority for application.
(three) the issuing authority shall issue a construction permit within three working days from the date of accepting the application after receiving the building construction permits Application Form and the attached materials submitted by the construction unit; If the information is incomplete or invalid, it shall inform the construction unit of all the contents that need to be corrected on the spot or within one working day. After all the information is corrected, the examination and approval time shall be postponed accordingly; Do not meet the requirements, it shall notify the construction unit in writing within three working days from the date of receiving the application, and explain the reasons.
In the process of construction, if the construction unit or the construction unit changes, it shall re-apply for the construction permit and return the original certificate to the issuing authority for the record. If other contents of the construction permit change, it shall go through the formalities for changing the construction permit.
Article 8 The name, location and scale of the project for which the construction unit applies for a construction permit shall be consistent with the construction contract signed according to law.
The construction permit shall be placed on the construction site for future reference and publicized on the construction site as required.
Ninth construction units shall start construction within three months from the date of receiving the construction permit. If the project cannot be started on schedule for some reason, it shall apply to the issuing authority for an extension before the expiration, and explain the reasons; The extension is limited to two times, each time not exceeding three months. If the project is neither started nor postponed, or the number and duration of extension are exceeded, the construction permit will be automatically abolished.
Article 10 If the construction of a construction project under construction is suspended for any reason, the construction unit shall report to the issuing authority within one month from the date of suspension, including the time, reason, construction site and maintenance management measures, and do a good job in the maintenance management of the construction project in accordance with the regulations.
When the construction project resumes work, it shall report to the issuing authority; Before the project is suspended for one year, the construction unit shall declare and verify the construction permit to the issuing authority. During the suspension of construction, project quality supervision and construction safety supervision shall be suspended at the same time.
Article 11 The issuing authority shall publicize the basis, conditions, procedures, time limit and all materials to be submitted for handling the construction permit in the office and relevant websites.
The construction permit decision made by the issuing authority shall be made public and the public shall have the right to consult it.
Article 12 The issuing authority shall establish a supervision and inspection system for construction permits, and supervise and inspect the changes in construction conditions, delays in construction, suspension of construction, and performance of commitments. After obtaining the construction permit, deal with the illegal behavior in time.
Article 13 Without obtaining the construction permit, or in order to avoid handling the construction permit, the project is decomposed, and the issuing authority with jurisdiction shall order it to stop construction, make corrections within a time limit and impose a fine of 1% to 2% of the project contract price on the construction unit according to the Regulations on Quality Management of Construction Projects and the Measures for the Administration of Construction Permit; Impose a fine of not more than 30,000 yuan on the construction unit.
Article 14 According to the Administrative Measures of building construction permits, if a construction unit obtains a construction permit by cheating, bribery or other improper means, the original license-issuing organ shall revoke the construction permit, order it to stop construction, and impose a fine of 6,543,800 yuan to 30,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the construction unit provides false promises or fails to fulfill the promises, it shall be treated as obtaining the construction permit by deception or other improper means.
Article 15 In accordance with the Measures for the Administration of Construction Permits, if the construction unit conceals relevant information or provides false materials to apply for a construction permit, the issuing authority will not accept it or refuse to permit it, and impose a fine ranging from 6,543,800 yuan to 30,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the construction unit forges or alters the construction permit, the issuing authority shall order it to stop the construction and impose a fine ranging from 1000 yuan to 30000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 16 If a unit is fined according to the Regulations on the Quality Management of Construction Projects and the Measures for the Administration of Construction Permits, the directly responsible person in charge and other directly responsible personnel of the unit shall be fined more than 5% 10% of the unit fine.
If the unit and the relevant responsible person are punished, they will be recorded in the bad credit information and made public in accordance with the regulations.
Seventeenth in accordance with the provisions of the "construction permit management measures", the issuing authority and its staff, in any of the following circumstances, shall be ordered by its superior administrative organ or supervisory organ to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law:
(1) granting a construction permit to an applicant who does not meet the requirements;
(2) Failing to issue a construction permit to an eligible applicant or making a decision on approving the permit within the statutory time limit;
(3) Failing to accept the qualified application;
(four) taking advantage of his position to accept other people's property or seek other benefits;
(5) Failing to perform supervisory duties according to law or failing to supervise effectively, thus causing serious consequences.
Eighteenth building construction permits (Annex 2) shall be formulated by the competent department of housing and urban construction in the State Council, and uniformly printed by the competent department of housing and urban construction in the province; The application form for construction permit of construction project shall be formulated by the provincial housing and urban-rural construction department and uniformly printed by the issuing authority.
Construction permits are divided into originals and duplicates, which have the same legal effect. The construction permit shall not be forged or altered, and the copied construction permit shall be invalid.
The construction permit number consists of numbers, of which the first six digits are administrative division codes, which shall be implemented in accordance with the Code of Administrative Division of the People's Republic of China (GB/T2260); 7- 14 is the date code, which represents the date when the construction permit is issued; 15- 16 is the serial number of the project, which represents the serial number issued within the same day; 17- 18 is the engineering classification code, 0 1 stands for building engineering, and 02 stands for municipal engineering.
The attachment of the construction permit (Attachment 3) can be issued together with the construction permit, and it is only valid when used together with the construction permit. If an attachment is required, it shall be indicated in the remarks column of the construction permit.
Nineteenth for qualified general contracting projects, it is necessary to apply for construction permits in a timely manner according to law. Before the new construction permit is printed by the competent department of housing and urban and rural construction in the State Council, the existing construction permit will still be used. The contents added in the construction permit are indicated in the remarks column.
Twentieth emergency rescue and disaster relief and other temporary housing construction and construction activities of farmers' self-built houses on the second floor and below, these measures are not applicable.
Article 21 These Measures shall come into force as of the date of issuance and shall be valid until September 30, 2023. Notice of Shandong Provincial Department of Housing and Urban-Rural Development on Printing and Distributing (Lu Jianfa [2015] No.4) shall be abolished at the same time.