Regulations on building energy conservation in shenzhen special economic zone
Standing committee of the fourth people's congress of shenzhen municipality
Notice 23

The regulations on building energy conservation of shenzhen special economic zone, adopted at the seventh session of the standing committee of the fourth people's congress of shenzhen municipality on July 26, 2006, are hereby promulgated and shall come into force as of November 1, 2006.

Regulations on building energy conservation in shenzhen special economic zone

(adopted at the 7th meeting of the standing committee of the fourth people's congress of shenzhen municipality on July 26, 2006)
Chapter I general provisions

Article 1 these regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations and in the light of the actual conditions of the special economic zone in order to strengthen the administration of energy conservation in buildings of the shenzhen special economic zone (hereinafter referred to as the special zone), improve the efficiency of energy utilization, and promote the development of circular economy and the construction of a conservation-oriented society.

Article 2 these regulations shall apply to energy conservation and related management activities of civil buildings in the special zone.

The term "energy conservation in buildings" as mentioned in these regulations refers to the activities of taking effective measures to reduce energy consumption and improve energy utilization efficiency in the process of construction, transformation and use of civil buildings in accordance with the requirements of relevant laws, regulations, standards and technical specifications on the premise of ensuring the use function of buildings and the quality of indoor environment.

Article 3 the principles of saving resources, adapting measures to local conditions, advanced technology, reasonable economy, safety and reliability and environmental protection shall be followed in building energy conservation. Article 4. Encourage the research and development of energy-saving building technologies and products, popularize the application of energy-saving building structures, materials, energy-using systems, construction techniques and management technologies, promote the development and utilization of renewable energy, and develop green buildings.

Construction projects funded by the government shall play an exemplary role in energy conservation.

Article 5 the municipal and district governments shall strengthen publicity and education on building energy conservation, enhance citizens' awareness of building energy conservation, and commend and reward units and individuals that have made outstanding achievements in building energy conservation.

Article 6 relevant trade associations and intermediary service institutions shall be encouraged to provide professional services such as consultation, testing and evaluation of building energy conservation. We will support the construction of public technology platforms for building energy conservation.

Article 7 the construction administrative department of the municipal government (hereinafter referred to as the municipal administrative department) shall be responsible for the unified supervision and administration of building energy conservation.

The construction administrative departments of each district government (hereinafter referred to as the district administrative departments) shall, according to their respective functions and duties, be responsible for the supervision and administration of building energy conservation within their respective jurisdictions.
Other relevant departments of the municipal and district governments shall, within their respective functions and duties, be responsible for the administration of building energy conservation in accordance with the law.
Chapter ii general provisions

Article 8 the municipal competent department shall, in accordance with the medium - and long-term plan for the development of circular economy of this municipality, organize and formulate a plan for building energy conservation, which shall be implemented upon approval by the municipal government.

The plans for energy conservation in buildings shall set forth work objectives, specific arrangements and safeguard measures for the requirements for energy conservation in new buildings, for the energy conservation transformation of existing buildings, for the development and utilization of renewable energy in buildings, and for the operation and management of energy-using systems in buildings.

Article 9 the municipal competent authorities shall strengthen the standardization of building energy conservation and promote the implementation of building energy conservation standards. Where national or trade standards already exist, technical specifications that are stricter than national or trade standards may be formulated; In the absence of such standards, technical specifications may be formulated.

When compiling the technical specifications for building energy conservation, the municipal competent department shall fully solicit the opinions of relevant enterprises, trade associations, intermediary service institutions, scientific research institutions and the public through various forms.
The technical specifications for building energy conservation compiled by the municipal competent authority shall, in accordance with the relevant provisions, be submitted to the municipal competent standardization authority for promulgation and implementation.

Article 10 the municipal administrative department of planning shall give full consideration to the requirements for building energy conservation when compiling a detailed urban planning blueprint and determining the layout, shape and orientation of buildings.

Article 11 the municipal competent department shall, in accordance with the needs of building energy conservation, issue catalogues of technologies, processes, equipment, materials and products that are to be popularized, restricted or prohibited from use.

Units engaged in construction, design and construction shall not use technologies, processes, equipment, materials or products listed in the prohibited list.
On the premise of following the principle of economy and rationality, government-invested construction projects shall give priority to the technologies, processes, equipment, materials and products listed in the catalogue of building energy conservation promotion.

Article 12 the technologies, processes, equipment, materials and products used in building envelope structures and energy-using systems shall conform to the mandatory standards and technical specifications for energy conservation in buildings.

For new energy-saving technologies, new processes, new equipment, new materials and new products not covered in the standards and technical specifications for the use of building envelope structures and energy-using systems, the construction unit or the construction unit shall apply to the municipal competent department for evaluation. The municipal competent department shall, within 20 working days from the date of receiving the application, organize experts to complete the evaluation; If the circumstances are complicated, 10 working days may be extended and the reasons given to the applicant shall be explained. Those that have not applied for evaluation or have not passed the evaluation shall not be used as energy-saving technologies, processes, equipment, materials or products.

Article 13 green roofs of buildings shall be encouraged. Specific measures shall be formulated separately by the municipal government.

Article 14 the system of marking energy efficiency of buildings shall be implemented. The municipal competent authority may, upon the voluntary application of the construction unit or the owner of the building, organize relevant trade associations and intermediary service agencies to grade the energy utilization efficiency of the building. The specific measures shall be formulated separately by the municipal competent department.

Article 15 the municipal government shall set up a special fund for the development of energy conservation in buildings to support energy conservation activities in buildings.

Article 16 the main sources of special funds for building energy conservation development are as follows:

(1) financial appropriations;
(2) special fund for new wall materials;
(3) the surcharge on excess electricity consumption for buildings as provided for in article 30 of this ordinance;
(4) social donations and other sources.
Measures for the management and use of special funds shall be formulated separately by the municipal government.
Chapter iii construction and transformation

Article 17 the feasibility study report of a construction project or the design specification shall specify the requirements for energy conservation of the building.

Where the feasibility study report of a government-funded construction project does not meet the requirements for building energy conservation, the relevant departments shall not approve it.

Article 18 the design bidding documents or commissioned design contracts for construction projects shall specify the requirements for building energy conservation and the names of relevant standards and technical specifications.

When the construction unit entrusts the project supervision unit to carry out the project supervision, it shall incorporate the relevant requirements on building energy conservation into the supervision contract.
Construction units shall not require design, construction, supervision, testing and other units to violate the mandatory standards and technical specifications for energy conservation in buildings.

Article 19 the design unit shall carry out energy-saving designs in accordance with the laws, regulations, mandatory standards and technical specifications concerning energy conservation in buildings. The plan design shall have a special description of building energy conservation design, and the preliminary design and construction drawing design documents shall contain the content of building energy conservation design.

Article 20 the examination body of construction drawing design documents shall examine the contents of the building energy conservation design in the construction drawing design documents; If it has not been examined or fails to meet the mandatory standards and technical specifications for energy conservation for buildings, it shall not issue a certificate of conformity to the examination of construction drawing design documents.

The competent authorities may conduct spot checks on the qualified construction drawing design documents, and may not issue construction licenses if they find that the documents do not meet the mandatory standards and technical specifications for building energy conservation.

Article 21 the construction unit shall carry out the construction in accordance with the design requirements for building energy conservation and the construction specifications for building energy conservation in the construction drawings.

Article 22 when performing the supervision contract, the supervising entity shall, in accordance with the laws, regulations, standards, technical specifications and design documents concerning energy conservation in buildings, supervise the construction of energy conservation in buildings and assume the corresponding supervision responsibilities.

The supervising units shall take measures to stop the adoption of technologies, processes, equipment, materials and products listed in the prohibited catalogue; If the check is ineffective, it shall promptly report to the project quality supervision agency or the competent department.

Article 23 after the completion of a construction project, the construction unit shall, five days before organizing the acceptance inspection for the completion of the project, apply to the competent department for the special acceptance inspection for building energy conservation. The special acceptance inspection of building energy conservation shall be conducted simultaneously with the completion acceptance inspection organized by the construction unit.

If the special acceptance inspection for building energy conservation passes, the competent department shall issue the certificate of acceptance for the special inspection for building energy conservation; In case of unqualified acceptance, the competent department shall not go through the formalities for the record of acceptance for completion.

Article 24 a real estate development unit shall, when selling a house, make clear to the buyer the requirements for the energy-saving design and protection of the building of the house it is selling, and specify them in the operating instructions.

Article 25 the municipal competent department shall, together with the relevant departments, conduct investigation, statistics, analysis and evaluation on the energy consumption of the existing buildings, and, in accordance with the energy conservation plan for buildings, formulate the energy conservation renovation plan for the existing buildings, which shall be implemented upon the approval of the municipal government.

Article 26 the energy conservation renovation of existing buildings shall focus on the renovation of public buildings and shall be combined with market guidance.

Article 27 relevant trade associations shall be encouraged to use the market mechanism to promote multi-channel investment in energy-saving renovation of existing buildings. Enterprises engaged in building energy conservation renovation can share the benefits of energy conservation renovation through agreement.

Relevant trade associations may organize the evaluation of the capacity of enterprises engaged in building energy conservation renovation to promote the standardization of building energy conservation renovation.

Article 28 where an existing building fails to meet the existing mandatory standards and technical specifications for building energy conservation, the renovation of the envelope and energy-using system shall be carried out simultaneously.

Article 29 the municipal competent department shall, in conjunction with the municipal competent department of energy administration, formulate statistical methods for the energy consumption of buildings.
The owner of the building or the property management unit shall truthfully provide the data on the energy consumption of the building.

Article 30 the municipal competent department shall, in conjunction with the municipal competent department of energy administration, formulate electricity quota standards for civil buildings according to the types, functions and scales of buildings.

If the amount of electricity consumed exceeds the quota, a surcharge on excess electricity consumption shall be levied. Specific measures shall be formulated separately by the municipal government.

Article 31 if the electricity consumption of a public building exceeds the quota by 50%, the municipal department of energy administration shall order the owner of the building to control it within a time limit. If it fails to do so within the time limit or if it fails to meet the requirements, it shall carry out compulsory energy-saving transformation.

Article 32 where a new public building or an existing public building which has undergone energy conservation transformation adopts a centralized cooling system, a cooling metering device for household use and an indoor temperature control device shall be installed, and charges shall be charged according to the actual cooling amount used by households.

Chapter iv application of solar energy and other renewable energy sources

Article 33 a waste heat recovery device for air-conditioning shall be installed in a newly built, rebuilt or expanded public building with a floor area of more than 10,000 square meters where a centralized air-conditioning system is used and there is a stable demand for hot water. Those not installed shall not pass the special acceptance inspection for building energy conservation.

Article 34 for a newly-built residential building less than 12 stories high that meets the conditions for solar energy heating, the construction unit shall provide solar water heating system for all the households.

If a new residential building with less than 12 stories does not meet the requirements for solar energy heat collection, the construction unit shall, when applying for construction, apply to the municipal competent authority for approval. If the municipal competent department determines that the conditions for solar energy heat collection are not met, it shall make it known to the public; If the solar hot water system is not installed, it shall not pass the special inspection for building energy conservation.

Article 35 new public buildings and residential buildings with 12 storeys or more shall be encouraged to be equipped with solar hot water systems; Encourage research and demonstration projects on the application of other renewable energy sources in buildings. Specific measures shall be formulated separately by the municipal government.

Article 36 the construction unit shall, in accordance with the relevant technical specifications, provide necessary conditions for the utilization of solar energy in the design and construction of buildings.
Existing building residents may install solar energy utilization systems conforming to product standards and technical specifications, except as otherwise agreed by the parties, on the premise that the quality and safety of the buildings are not affected.

Article 37 where conditions are available, priority shall be given to the use of solar energy and other renewable energy in government-invested construction projects.

Article 38 the competent authorities shall conduct publicity and training on the application of solar energy and other renewable energy sources, and promote the popularization and application of solar energy and other renewable energy sources.
Chapter v legal liability

Article 39 the construction unit in violation of the regulations in the second paragraph of article 11, paragraph 3 of article 18, adopting on banned list technology, processes, equipment, materials and products or require the design, construction, supervision, testing and other units in violation of the mandatory building energy saving standards and technical specifications, by the competent authorities shall order the deadline to correct, and be fined between RMB two hundred thousand yuan and fifty thousand yuan.


Article 40 where a construction unit, in violation of the provisions of the first paragraph of article 23 of these regulations, delivers a building for use without the special inspection of building energy conservation or failing to pass the inspection, the competent department shall order it to make corrections within a time limit and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.

Article 41 the design units in violation of paragraph 2 of article 11 of these regulations, the provisions of article 19 of the design adopted on banned list of technologies, processes, equipment, materials and products, or not in accordance with the relevant laws and regulations on building energy efficiency, mandatory energy efficiency design standards and technical norms, by the competent authorities shall order the deadline to correct, and be fined between RMB two hundred thousand yuan and fifty thousand yuan.

Article 42 of the construction drawing design documents examination organizations in violation of the provisions of paragraph 1 of article 20 of these regulations, the content of energy conservation in construction drawing design documents was not review or through examination does not accord with the mandatory building energy saving standards and technical specifications, issue a certificate of construction drawing design documents review of qualified, by the competent authorities shall order the deadline to correct, and be fined between RMB one hundred thousand yuan and ten thousand yuan.

Article 43 the construction units in violation of the provisions of article 21 in the second paragraph of article 11 of these regulations, and using on banned list of technologies, processes, equipment, materials and products, or not in accordance with the requirements for building energy efficiency design and construction of energy-efficient building construction specifications, by the competent authorities shall order the deadline to correct, and be fined between RMB two hundred thousand yuan and fifty thousand yuan.

Article 44 where a supervising entity violates the provisions of article 22 of these regulations by failing to perform its supervisory duties, the competent department shall impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Article 45 any real estate developer who, in violation of the provisions of article 24 of these regulations, fails to truthfully disclose information related to building energy conservation when selling houses shall be ordered by the competent real estate department to make corrections within a time limit and shall be imposed a fine of not less than 50,000 yuan but not more than 200,000 yuan.

Article 46 if the owner of a building or the property management unit, in violation of the provisions of paragraph 2 of article 29 of these regulations, fails to truthfully provide data on the energy consumption of the building, the competent department shall order it to make corrections within a time limit; Those who refuse to make corrections shall be fined not less than 2,000 yuan but not more than 20,000 yuan.

Article 47 where the owner of a building or the property management unit, in violation of the provisions of article 32 of these regulations, fails to collect charges for household cooling in a newly built building that adopts the centralized cooling system or an existing building that has undergone energy conservation renovation, the competent department shall order it to make corrections within a time limit and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 48 where a unit engaged in construction, design, construction, supervision or inspection of construction drawings violates the provisions of these regulations, the competent department concerned may publicize its illegal ACTS as a bad record.

Article 49 where a unit is fined in accordance with the provisions of these regulations, the persons directly in charge of the unit and the other persons directly responsible for the matter shall be imposed a fine of 10% of the amount of the unit's fine.
Chapter vi supplementary provisions

Article 50 the meanings of the following terms in these regulations are:
(1) the scope of civil buildings, including residential buildings and public buildings, shall be governed by the state standards;
(2) existing buildings refer to buildings that have passed the acceptance inspection upon completion before the implementation of these regulations.

Article 51 these regulations shall be prescribed separately by the municipal government or the municipal competent department

Article 52 the relevant departments of the municipal government shall formulate specific standards for the implementation of the fines and penalties provided for in these regulations. The specific implementation standards shall go into effect at the same time as these regulations; When amendments are needed, the enacting organ shall make them without delay.






Article 53 if, after the implementation of these regulations, the energy consumption of a building which has passed the acceptance inspection upon completion exceeds the prescribed energy conservation standards due to factors such as the service life and function changes, the relevant provisions on energy conservation renovation of existing buildings in these regulations shall apply.






Article 54 the building energy conservation of industrial buildings with centralized air-conditioning system shall be implemented with reference to the relevant provisions of these regulations.






Article 55 these regulations shall come into force as of November 1, 2006.