Administrative Measures for Construction Permit of Construction Engineering
These Measures are formulated in accordance with the Construction Law of the People's Republic of China in order to strengthen the supervision and administration of construction activities, maintain the order of the construction market, and ensure the quality and safety of construction projects.
Article 2 The construction, decoration and supporting lines The Conduit . For the installation of equipment and the construction of municipal infrastructure projects in cities and towns, the construction unit shall, in accordance with the provisions of these Measures, report to the construction administrative department of the people's government at or above the county level where the project is located door (hereinafter referred to as the issuing authority) applies for the construction permit.
A construction project with an investment of less than 300000 yuan or a construction area of less than 300 square meters may not apply for a construction permit. The construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may adjust the quota according to the actual local conditions and report it to the construction administrative department of the State Council for the record.
Construction projects that have approved the commencement report according to the authority and procedures prescribed by the State Council will no longer receive a construction permit.
Article 3 The construction projects for which the construction permit must be applied for according to these Measures shall not be started without the construction permit.
No unit or individual is allowed to divide the project that should apply for a construction permit into several projects below the quota, so as to avoid applying for a construction permit. Article 4 When applying for a construction permit, the construction unit shall meet the following conditions and submit the corresponding supporting documents:
(1) The approval procedures for the construction project land have been handled.
(2) The construction project in the urban planning area has obtained the construction project planning permit.
(3) The construction site has basically met the construction conditions, and if the demolition is needed, the demolition progress meets the construction requirements.
(4) The construction enterprise has been determined. If there is no bidding for the project that should be invited for bidding according to the regulations, or there is no public bidding for the project that should be invited for public bidding, or the project that is contracted is dismembered, or the project is contracted to a construction enterprise that does not have the corresponding qualifications, the determined construction enterprise is invalid.
(5) There are construction drawings and technical data that meet the construction needs, and the construction drawing design documents have been reviewed as required.
(6) There are specific measures to ensure project quality and safety. In the construction organization design prepared by the construction enterprise, there are corresponding quality and safety technical measures formulated according to the characteristics of the construction project. For engineering projects with strong professionalism, special quality and safety construction organization design has been prepared, and engineering quality and safety supervision procedures have been handled according to regulations.
(7) The project that should be entrusted for supervision according to regulations has been entrusted for supervision.
(8) Construction funds have been implemented. If the construction period is less than one year, the paid in capital shall not be less than 50% of the contract price of the project in principle; if the construction period is more than one year, the paid in capital shall not be less than 30% of the contract price of the project in principle. The construction unit shall provide the certificate of funds in place issued by the bank, and the bank payment guarantee or other Third party guarantee.
(9) Other conditions stipulated by laws and administrative regulations.
Article 5 The application for construction permit shall be carried out according to the following procedures:
(1) The construction unit receives the Application Form for Construction Permit of Construction Engineering from the license issuing authority.
(2) The construction unit shall submit an application to the license issuing authority with the Application Form for Construction Permit of Construction Engineering affixed with the seal of the unit and legal representative and the supporting documents specified in Article 4 of these Measures.
(3) After receiving the Application Form for Construction License of Construction Engineering and the attached supporting documents submitted by the construction unit, the license issuing authority shall issue the construction license within 15 days from the date of receiving the application if the conditions are met; If the supporting documents are incomplete or invalid, the construction unit shall be required to make corrections within a time limit, and the approval time may be extended accordingly after the supporting documents are complete; If the conditions are not met, the construction unit shall be notified in writing within 15 days from the date of receiving the application, and the reasons shall be explained.
If the construction unit or construction unit changes during the construction of a construction project, it shall re apply for a construction permit.
Article 6 The name, location and scale of the project for which the construction unit applies for the 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.
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 construction cannot be started on schedule for some reason, an application for extension shall be submitted to the issuing authority before the expiration of the period, and the reasons shall be explained; The extension shall be limited to two times, and each time shall not exceed three months. In case of neither commencement nor application for extension, or exceeding the number and time limit of extension, the construction permit shall be automatically invalidated.
Article 9 Where the construction of a construction project under construction is suspended for some reason, the construction unit shall report to the license issuing authority within one month from the date of suspension of construction, including the time, reason, location under construction, maintenance and management measures, etc. of the suspension of construction, and shall do a good job in the maintenance and management of the construction project in accordance with the provisions.
When a construction project resumes construction, it shall report to the license issuing authority; Before resuming the construction of a project whose construction has been suspended for one year, the construction unit shall report to the license issuing authority for verification of the construction permit.
Article 10 Where a construction project is constructed without obtaining a construction permit or without authorization after being decomposed in order to avoid obtaining a construction permit, the license issuing authority with jurisdiction shall order it to make corrections. If it does not meet the conditions for commencement, it shall order it to stop construction, and impose fines on the construction unit and the construction unit respectively.
Article 11 Where a construction permit is fraudulently obtained by using false certification documents, the original license issuing authority shall take back the construction permit, order it to stop construction, and impose a fine on the responsible unit; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 12 If a construction permit is forged, the construction permit shall be invalid, and the license issuing authority shall order to stop the construction and impose a fine on the responsible unit; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the construction permit is altered, the original license issuing authority shall order it to make corrections and impose a fine on the responsible unit; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 13 The fines in the Measures shall be subject to the provisions of laws and regulations if there are range provisions, and those without range provisions shall be between 5000 yuan and 30000 yuan.
Article 14 Where a license issuing authority and its staff issue a construction permit to a construction project that does not meet the construction conditions, the authority at a higher level shall order it to make corrections and impose administrative sanctions on the responsible persons; Those who practice favoritism and abuse their power shall not continue to engage in the management of construction permit; If a crime is constituted, criminal responsibility shall be investigated according to law.
For construction projects that meet the conditions and have complete and effective supporting documents, if the license issuing authority does not issue the construction license within the specified time, the construction unit may apply for administrative reconsideration or file an administrative lawsuit according to law.
Article 15 The format of the construction permit for a construction project shall be formulated by the construction administrative department under the State Council, and shall be uniformly printed by the construction administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
The construction permit is divided into original and duplicate, which have the same legal effect. The copied construction permit is invalid.
Article 16 The provisions of these Measures on the administration of construction permits shall apply to other professional construction projects. Where there are explicit provisions in relevant laws and administrative regulations, such provisions shall prevail.
These Measures are not applicable to rescue and disaster relief projects, temporary construction projects, and farmers' self built residential projects of less than two floors (including two floors).
The management of construction permit for military housing construction projects shall be implemented in accordance with the measures formulated by the State Council and the Central Military Commission.
Article 17 The construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed rules for implementation in accordance with these Measures.
Article 18 The construction administrative department under the State Council shall be responsible for the interpretation of these Measures.
Article 19 These Measures shall come into force as of December 1, 1999.