Article 1 These Regulations are formulated for the purpose of strengthening the administration of energy conservation in civil buildings, reducing energy consumption in the use of civil buildings and improving energy efficiency.
Article 2 the term "energy conservation of civil buildings" as mentioned in these Regulations refers to the activities of reducing energy consumption in the use of civil buildings on the premise of ensuring the use function of civil buildings and the quality of indoor thermal environment.
The civil buildings mentioned in these Regulations refer to residential buildings, office buildings of state organs and other public buildings such as commerce, service industry, education and health.
Article 3 people's governments at all levels shall strengthen their leadership over the work of energy conservation in civil buildings, actively cultivate the service market for energy conservation in civil buildings, improve the service system for energy conservation in civil buildings, promote the development and application of energy conservation technologies in civil buildings, and do a good job in the publicity and education of energy conservation knowledge in civil buildings.
Article 4 the State encourages and supports the use of renewable energy such as solar energy and geothermal energy in the energy-saving transformation of new buildings and existing buildings.
In areas where conditions for solar energy utilization are available, the relevant local people's governments and their departments shall take effective measures to encourage and support units and individuals to install and use solar energy utilization systems such as solar water heating systems, lighting systems, heating systems, heating and refrigeration systems.
Article 5 the competent department of construction under the State Council shall be responsible for the supervision and administration of energy conservation in civil buildings throughout the country. The competent construction departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of energy conservation of civil buildings in their respective administrative areas.
The relevant departments of the people's governments at or above the county level shall be responsible for the work related to energy conservation of civil buildings in accordance with the provisions of these regulations and the division of responsibilities stipulated by the people's governments at the same level.
Article 6 The competent construction Department of the State Council shall, under the guidance of the national medium and long-term special plan for energy conservation, formulate the national plan for energy conservation of civil buildings and link it with relevant plans.
The competent construction departments of the local people's governments at or above the county level shall organize the preparation of energy-saving plans for civil buildings in their respective administrative areas, which shall be implemented after being submitted to the people's governments at the same level for approval.
Article 7 the State shall establish and improve the standard system for energy conservation of civil buildings. The national energy efficiency standards for civil buildings shall be formulated by the competent department of construction under the State Council and issued in accordance with legal procedures.
The State encourages the formulation and adoption of local energy efficiency standards for civil buildings that are superior to the national energy efficiency standards for civil buildings.
Article 8 people's governments at or above the county level shall allocate funds for energy conservation of civil buildings to support scientific and technological research and standard formulation of energy conservation of civil buildings, energy conservation transformation of existing building envelope and heating system, application of renewable energy, and promotion of energy conservation demonstration projects and energy conservation projects of civil buildings.
The government guides financial institutions to provide support for energy-saving transformation of existing buildings, application of renewable energy, and energy-saving demonstration projects of civil buildings.
Civil building energy-saving projects shall enjoy tax preference according to law.
Article 9 the state actively promotes the reform of the heating system, improves the heating price formation mechanism, encourages the development of central heating, and gradually implements the charging system according to the heat consumption.
Article 10 units and individuals that have made remarkable achievements in energy conservation of civil buildings shall be commended and rewarded in accordance with the relevant provisions of the state.
Chapter II energy efficiency of new buildings
Article 11 the state promotes the use of new technologies, processes, materials and equipment for energy conservation in civil buildings, and restricts or prohibits the use of technologies, processes, materials and equipment with high energy consumption. The Department in charge of energy conservation and the Department in charge of construction under the State Council shall formulate, publish and timely update the catalogue of promotion, restriction and prohibition of use.
The state restricts or prohibits the import of technologies, materials and equipment with high energy consumption.
Construction units, design units and construction units shall not use technologies, processes, materials and equipment listed in the prohibited catalogue in construction activities.
Article 12 in the preparation of detailed plans for cities and towns, the layout, shape and orientation of buildings shall be determined in accordance with the requirements for energy conservation of civil buildings.
When examining the planning of civil buildings according to law, the competent department of urban and rural planning shall solicit the opinions of the competent construction department at the same level on whether the design scheme meets the mandatory standards for energy conservation of civil buildings; The competent construction department shall put forward opinions within 10 days from the date of receiving the materials for soliciting opinions. The time for Soliciting Opinions shall not be counted within the period of planning permission.
For those that do not meet the mandatory standards for energy conservation of civil buildings, no construction project planning license shall be issued.
Article 13 the examination institution of construction drawing design documents shall examine the construction drawing design documents in accordance with the mandatory standards for energy conservation of civil buildings; The competent construction Department of the local people's government at or above the county level shall not issue a construction license if it fails to meet the mandatory standards for energy conservation of civil buildings.
Article 14 the construction unit shall not express or imply that the design unit or construction unit carries out design and construction in violation of the mandatory standards for energy conservation of civil buildings, and shall not express or imply that the construction unit uses wall materials, thermal insulation materials, doors and windows, heating and refrigeration systems and lighting equipment that do not meet the requirements of the construction drawing design documents.
If the construction unit purchases wall materials, thermal insulation materials, doors and windows, heating and refrigeration system and lighting equipment according to the contract, the construction unit shall ensure that they meet the requirements of construction drawing design documents.
Article 15 design units, construction units, project supervision units and their registered practitioners shall design, construct and supervise in accordance with the mandatory standards for energy conservation of civil buildings.
Article 16 the construction unit shall inspect the wall materials, thermal insulation materials, doors and windows, heating and refrigeration systems and lighting equipment entering the construction site; Those that do not meet the requirements of construction drawing design documents shall not be used.
If the project supervision unit finds that the construction unit does not carry out construction in accordance with the mandatory standards for energy conservation of civil buildings, it shall require the construction unit to make corrections; If the construction unit refuses to make corrections, the project supervision unit shall report to the construction unit in time and report to the relevant competent departments.
During the construction of wall and roof insulation works, the supervision engineer shall carry out supervision in the form of side station, patrol inspection and parallel inspection in accordance with the requirements of engineering supervision specifications.
Without the signature of the supervising engineer, wall materials, thermal insulation materials, doors and windows, heating and refrigeration system and lighting equipment shall not be used or installed on the building, and the construction unit shall not carry out the construction of the next process.
Article 17 when organizing the completion acceptance, the construction unit shall check whether the civil buildings meet the mandatory standards for energy conservation of civil buildings; If it fails to meet the mandatory standards for energy conservation of civil buildings, it shall not issue a completion acceptance report.
Article 18 buildings that implement central heating shall be equipped with heating system control devices, heat metering devices and indoor temperature control devices; Public buildings shall also be equipped with itemized electricity metering devices. The heat metering devices installed in residential buildings shall meet the requirements of household metering.
Measuring devices shall be verified as qualified according to law.
Article 19 energy saving lamps and electrical control devices shall be installed and used in public corridors, stairs and other parts of buildings.
Article 20 for buildings with renewable energy utilization conditions, the construction unit shall select appropriate renewable energy for heating, refrigeration, lighting and hot water supply; The design unit shall carry out the design in accordance with the standards related to the utilization of renewable energy.
The construction of renewable energy utilization facilities shall be designed, constructed and accepted simultaneously with the main building works.
Article 21 the owners of office buildings and large public buildings of state organs shall evaluate and mark the energy utilization efficiency of the buildings, publicize the evaluation results in accordance with the relevant provisions of the state and accept social supervision.
Office buildings of state organs shall install and use energy-saving equipment.
The term "large public buildings" as mentioned in these Regulations refers to public buildings with a single building area of more than 20000 square meters.
Article 22 when selling commercial houses, a real estate development enterprise shall clearly indicate the energy consumption index, energy-saving measures and protection requirements, the warranty period of thermal insulation works and other information of the sold commercial houses to the buyer, and specify it in the commercial house sales contract, residential quality guarantee and residential use manual.
Article 23 under normal use conditions, the minimum warranty period of thermal insulation works is 5 years. The warranty period of thermal insulation works shall be calculated from the date of completion acceptance.
In case of quality problems in the warranty scope and warranty period of the thermal insulation project, the construction unit shall perform the warranty obligation and bear the liability for compensation for the losses caused according to law.
Chapter III energy conservation of existing buildings
Article 24 the energy-saving transformation of existing buildings shall be carried out in a planned and step-by-step manner in accordance with the actual situation of the local economic and social development level and geographical and climatic conditions.
The energy-saving transformation of existing buildings mentioned in these Regulations refers to the activities of energy-saving transformation of the envelope, heating system, heating and refrigeration system, lighting equipment and hot water supply facilities of existing buildings that do not meet the mandatory standards for energy efficiency of civil buildings.
Article 25 The competent construction Department of the local people's government at or above the county level shall organize the investigation, statistics and analysis of the construction age, structural form, energy consumption system, energy consumption index and life cycle of the existing buildings within its administrative area, formulate the energy-saving transformation plan of the existing buildings, clarify the objectives, scope and requirements of the energy-saving transformation, and organize the implementation after reporting to the people's government at the same level for approval.
For the energy-saving transformation of existing buildings of central state organs, the relevant institutions in charge of the affairs of the organs shall formulate energy-saving transformation plans and organize their implementation.
Article 26 the energy-saving transformation of office buildings of state organs, government invested and public buildings mainly invested by the government shall formulate energy-saving transformation plans, which can be carried out only after full demonstration and going through the relevant examination and approval procedures in accordance with the relevant provisions of the state.
People's governments at all levels and their relevant departments and units shall not expand or reconstruct the existing buildings specified in the preceding paragraph in the name of energy-saving transformation in violation of the relevant provisions and standards of the state.
Article 27 If residential buildings and other public buildings other than those specified in Article 26 of these regulations do not meet the mandatory standards for energy efficiency of civil buildings, energy-saving transformation may be gradually implemented in combination with expansion and reconstruction on the basis of respecting the wishes of the building owner.
Article 28 the implementation of energy-saving transformation of existing buildings shall meet the mandatory standards for energy efficiency of civil buildings, and give priority to low-cost transformation measures such as shading and improving ventilation.
The transformation of the existing building envelope and the transformation of the heating system shall be carried out simultaneously.
Article 29 to carry out energy-saving transformation of buildings that implement central heating, heating system control devices and heat metering devices shall be installed; For energy-saving transformation of public buildings, indoor temperature control devices and itemized power metering devices shall also be installed.
Article 30 the expenses for energy-saving renovation of office buildings of state organs shall be included in the financial budget of the people's government at or above the county level.
The cost of energy-saving renovation of residential buildings and public buildings used by public welfare undertakings such as education, science, culture, health and sports shall be jointly borne by the government and the building owner.
The State encourages social funds to invest in the energy-saving transformation of existing buildings.
Chapter IV operation and energy conservation of building energy consumption system
Article 31 the owner or user of a building shall ensure the normal operation of the building energy consumption system and shall not artificially damage the building envelope and energy consumption system.
The owners or users of office buildings and large public buildings of state organs shall establish and improve the energy conservation management system and operating procedures of civil buildings, monitor and maintain the building energy consumption system, and regularly report the itemized power consumption to the construction competent department of the local people's government at or above the county level.
Article 32 The competent department of energy conservation of the local people's government at or above the county level shall, together with the competent department of construction at the same level, determine the key power users of public buildings and their annual power consumption quota within their administrative area.
The competent construction departments of the local people's governments at or above the county level shall conduct investigation, statistics, evaluation and analysis of the power consumption of office buildings and public buildings of state organs within their respective administrative areas. The energy consumption of heating, cooling and lighting in office buildings of state organs and large public buildings shall be announced to the public in accordance with laws, administrative regulations and other relevant provisions of the state.
The owners or users of office buildings and public buildings of state organs shall cooperate with the investigation and statistics work of the competent construction departments of local people's governments at or above the county level.
Article 33 heating units shall establish and improve relevant systems and strengthen the education and training of professional and technical personnel.
Heating units shall improve technical equipment, implement measurement management, monitor and maintain the heating system, improve the efficiency of the heating system, and ensure that the operation of the heating system meets the mandatory standards for energy conservation of civil buildings.
Article 34 The competent construction Department of the local people's government at or above the county level shall conduct investigation, statistics and Analysis on the energy consumption of heating units within its administrative area, and formulate energy consumption indicators for heating units; If the energy consumption index is exceeded, the heating unit shall be required to formulate corresponding improvement measures and supervise the implementation.
Chapter V Legal Liability
Article 35 If, in violation of the provisions of these regulations, the relevant departments of the people's governments at or above the county level commit any of the following acts, the responsible persons in charge and other persons directly responsible shall be given sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
(1) Issuing a construction project planning license for a civil construction project whose design scheme does not meet the mandatory standards for energy conservation of civil buildings;
(2) Issuing qualified opinions on design schemes that do not meet the mandatory standards for energy conservation of civil buildings;
(3) Issuing a construction permit for a civil construction project whose construction drawing design documents do not meet the mandatory standards for energy conservation of civil buildings;
(4) Other acts that fail to perform the duties of supervision and administration according to law.
Article 36 If, in violation of the provisions of these regulations, people's governments at all levels and their relevant departments and units expand or reconstruct existing buildings in the name of energy-saving transformation in violation of the relevant provisions and standards of the state, the persons in charge and other persons directly responsible shall be punished according to law.
Article 37 If a construction unit violates the provisions of these regulations and commits any of the following acts, the competent construction Department of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 200000 yuan but not more than 500000 yuan:
(1) Express or imply that the design unit or construction unit designs or constructs in violation of the mandatory standards for energy conservation of civil buildings;
(2) Express or imply that the construction unit uses wall materials, thermal insulation materials, doors and windows, heating and refrigeration systems and lighting equipment that do not meet the requirements of the construction drawing design documents;
(3) Purchasing wall materials, thermal insulation materials, doors and windows, heating and refrigeration system and lighting equipment that do not meet the requirements of construction drawing design documents;
(4) Using technologies, processes, materials and equipment listed in the prohibited catalogue.
Article 38 If a construction unit, in violation of the provisions of these regulations, issues a completion acceptance report for a civil construction project that does not meet the mandatory standards for energy conservation of civil buildings, the competent construction Department of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 2% but not more than 4% of the contract price of the civil construction project; If losses are caused, it shall be liable for compensation according to law.
Article 39 Where, in violation of the provisions of these regulations, a design unit fails to design in accordance with the mandatory standards for energy conservation of civil buildings, or uses technologies, processes, materials and equipment listed in the prohibited catalogue, the competent construction Department of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 100000 yuan but not more than 300000 yuan; If the circumstances are serious, the Department issuing the qualification certificate shall order it to suspend business for rectification, reduce the qualification level or revoke the qualification certificate; If losses are caused, it shall be liable for compensation according to law.
Article 40 If a construction unit fails to carry out construction in accordance with the mandatory standards for energy conservation of civil buildings in violation of the provisions of these regulations, the construction unit shall be subject to the construction owner of the local people's government at or above the county level