Jing Jian Fa [2020] No. 10
All relevant departments,
In order to further deepen the reform of delegating powers, improving regulation and optimizing services, continuously optimize the doing business environment of Beijing Municipality, promote the reform and innovation of joint final inspection of housing construction and municipal infrastructure projects, Beijing Municipal Commission of Housing and Urban-Rural Development and other nine departments have formulated the Interim Procedures of Beijing Municipality for Administration of Joint Final Inspection of Housing Construction and Municipal Infrastructure Projects in accordance with the Implementation Opinions on Full-Scale Launch of Reform of the System of Review and Approval of Engineering Construction Projects (Guo Ban Fa [2019] No. 11), the Regulations on Optimizing Doing Business Environment, the Regulations on Urban and Rural Planning of Beijing and the Regulation of Beijing Municipality on Optimizing Doing Business Environment. The Interim Procedures is hereby printed and distributed to you for earnest implementation.
November 18, 2020
Interim Procedures of Beijing Municipality for Administration of Joint Final Inspection of Housing Construction and Municipal Infrastructure Projects Chapter I General Provisions Article 1 In order to further optimize the doing business environment of Beijing Municipality, deepen the reform of joint final inspection of housing construction and municipal infrastructure projects, and implement the Implementation Opinions on Full-Scale Launch of Reform of the System of Review and Approval of Engineering Construction Projects (Guo Ban Fa [2019] No. 11), the Regulations on Urban and Rural Planning of Beijing and the Regulation of Beijing Municipality on Optimizing Doing Business Environment, we’ve formulated these Interim Procedures in accordance with the Regulations on Optimizing Doing Business Environment. Article 2 The joint final inspection of new, rebuilt, or expanded housing construction projects (including decoration projects) and municipal infrastructure projects (excluding rail transit projects, underground pipeline projects, power projects and confidential projects) within the administrative area of Beijing Municipality (hereinafter referred to as “joint inspection”), shall be governed by these Procedures. The joint inspection shall be implemented according to the comprehensive risk level of the construction project. The comprehensive risk levels of construction projects are divided into low risk, moderate risk, high risk and major risk. In principle, joint inspection shall be implemented for construction projects with low risk and moderate risk; construction projects with high risk are encouraged to implement joint inspection, provided that the projects meet inspection conditions and the risks are controllable; construction projects with major risk are not recommended to implement joint inspection. The comprehensive risk levels of construction projects are shown in the Appendixes. Article 3 For the purpose of these Procedures, “joint inspection” refers to the work model according to which the project owner submits an application; the competent departments of housing and urban-rural construction, planning & natural resources, civil air defense, market regulation, water affairs, archives, transportation, urban management, and communications, streamline, optimize and make concerted efforts to advance administrative matters concerning final inspection, and supervise and coordinate municipal service companies to actively provide municipal utilities such as water supply, drainage, power supply, gas, heat, and communications, so as to complete project acceptance in a standardized, efficient and convenient manner, and to promote the construction project to be put into operation in time. Article 4 Joint inspection shall follow the working principles of “Standardization, Coordination, Sharing, Efficiency, and Convenience” to achieve the goal of “one form of application, notification at one time, one commitment, integration of multiple inspections, unified opinions, and completion within the prescribed time limit”. No fees shall be charged in joint inspection. Article 5 The municipal (district) housing and urban-rural development department shall, according to the Regulations on Urban and Rural Planning of Beijing, organize joint inspection work within their respective jurisdictions, use the special seal for the municipal (district) construction project joint inspection, and summarize the opinions of the relevant competent departments to issue joint inspection opinions. Other acceptance items that apply to be included in the joint inspection shall be implemented after approval by the municipal government. Article 6 The competent department of housing and urban-rural development shall be responsible for the overall planning, organization, and coordination of joint inspection, as well as final inspection supervision, fire protection acceptance, and real estate surveying and mapping results review. The competent department of planning & natural resources shall be responsible for the acceptance of construction project planning and urban construction archives. The competent department of civil air defense shall be responsible for the supervision of the completion inspection of civil air defense projects. The market supervision department shall be responsible for the registration of the use of special equipment for construction projects. The competent department of water affairs shall be responsible for supervising, coordinating, and guiding municipal service enterprises such as water supply and drainage to provide municipal utilities. The city management department shall be responsible for supervising, coordinating, and guiding municipal service companies such as gas, heating, and power supply companies to provide municipal utilities. The archives administration department shall be responsible for supervising and guiding the acceptance of archives for major construction projects invested by the government in fixed assets. The competent transportation department shall be responsible for the guidance of the acceptance of supporting parking facilities. The competent communications department shall be responsible for supervising, coordinating and guiding communications and other municipal service companies to provide municipal utilities. Municipal service enterprises shall be responsible for the access, connectivity, and operation services of supporting municipal public facilities such as water supply, drainage, power supply, gas, heating, and communications within the scope of their respective services. Article 7 This city relies on the Beijing Online Approval and Supervision Platform for Investment Project (hereinafter referred to as the “Online Platform”) to establish a unified Beijing Construction Project Joint Final Inspection Service Platform (hereinafter referred to as the “Multi-Inspection Integration Platform”), strengthen sharing and exchange of data and information on the relevant information platforms of various competent departments and municipal service enterprises, support cross-departmental business collaboration, and promote the seamless connection of the entire process of joint inspection. The competent department of housing & urban-rural construction shall be responsible for the construction, management, and maintenance of the Multi-Inspection Integration Platform. Article 8 The comprehensive notification commitment system is implemented in joint inspection. The competent department of housing & urban-rural construction shall integrate the content of notifications and commitments required by various competent departments, formulate a letter of notification commitment for comprehensive notification, and specify the specific construction requirements, application materials, acceptance procedures, acceptance standards, etc. at one time, and clarify the content that the project owner needs to promise. When applying for joint inspection, the project owner shall promise in writing (including electronic text) that it has completed the construction tasks as required, meets the conditions, standards and requirements notified in the letter of notification commitment for comprehensive notification, and is willing to assume the corresponding responsibilities for breach of the promise. The letter of notification commitment for comprehensive notification shall be signed by the legal representative or authorized representative of the project owner and affixed with the official seal of the project owner. Article 9 All competent departments and municipal service companies shall strengthen information sharing, keep abreast of the progress and conditions of construction projects in a timely manner, provide early and proactive services, effectively strengthen the management of the whole process of joint inspection, and share supervision data with relevant competent departments. Chapter II Strengthening the Quality and Safety Supervision of Construction Projects Article 10 The quality and safety of construction projects in this city shall be subject to differentiated management based on the comprehensive risk level of the projects. Before commencement of construction of a project, the project owner shall clarify the comprehensive risk level of the project, and share the comprehensive risk level of the project to various competent authorities through the online platform. During construction of the project, the project owner, survey entity, design entity, the builder and supervision company shall establish a sound risk management and control system and mechanism, formulate a work system, clarify the subject of responsibility, comprehensively and systematically identify the quality and safety risks of each stage and procedure, and adopt measures to effectively control risks and ensure the quality and safety of construction projects. The project owner, the construction company and supervision company shall regularly inspect the quality and safety risks of each stage and procedure, evaluate the risk management and control situation, and report the inspection and evaluation results to the unified risk management and control platform established by this municipality. Article 11 During the construction of the project, the competent department of housing & urban-rural development shall conduct quality and safety supervision. For low-risk construction projects, the project quality and safety supervisor shall cancel the first meeting to report work quality and safety, and inspection shall be carried out only once during construction, with the inspection time of at most one day. For projects with moderate risk, at least one spot check shall be conducted every three months; for projects with high risk, major risk or poor risk control, the frequency of supervision and inspection shall be appropriately increased based on the progress of the projects. If any entity participating in the construction of the project fails to implement risk-level management and control in accordance with regulations, has any quality and safety accident, or breaks any of their promises, the competent department of housing & urban-rural development will increase the number of random inspections and strengthen supervision during and after the construction. Article 12 The joint examination system shall be established. Any competent department may propose joint examination to the competent department of housing & urban-rural development, which may decide to organize the joint examination. After the joint examination is over, each competent department shall separately present a written examination record and actively disclose the examination results to the public. Chapter III Joint Inspection Procedures Article 13 Before the project owner handles the planning permit, the Multi-Plan Integration Collaborative Platform shall first complete the project planning consultation, and then post the comprehensive notification commitment letter and the multi-plan integration collaborative opinions to the project owner. The project owner may log in to the Multi-Plan Integration Collaborative Platform or online platform to download the format text of the comprehensive notification and commitment letter. Article 14 After the comprehensive review of the working drawings is passed, the Multi-Review Integration Platform of the competent department of planning & natural resources shall push the digital documents of the working drawings to the relevant competent departments, and simultaneously post to the Multi-Inspection Integration Platform through the online platform. Relevant competent departments shall carry out proactive services in advance for relevant administrative matters of their respective departments based on working drawings. Article 15 When handling the construction permit procedures, the project owner may propose joint inspection based on the comprehensive risk level of the project; after the completion of the project, the project owner may decide whether to implement a joint inspection based on the comprehensive risk level of the project. With respect to a project subject to joint inspection, the project owner shall apply within 5 working days after the project is proved by final inspection and self-inspection to be qualified. With respect to a project not subject to joint inspection, the project owner shall organize final inspection according to relevant provisions, and relevant competent departments shall conduct acceptance independently according to law. Article 16 After the project owner completes the construction task, confirms that the quality of the project meets the relevant laws and regulations, mandatory construction standards, design documents and contract requirements, and organizes the participating entities to complete the final inspection or self-inspection, it shall submit a final inspection report (comprehensive). The final inspection report (comprehensive) shall include the following main contents (other than unrelated acceptance matters): i.Final inspection status (including fire protection inspection status); ii.Status of final inspection of civil air defense projects (including the payment of fees for relocation of air defense basements); iii.Implementation status of planning permit related matters; iv.Final inspection status of water supply, drainage, power supply, gas, heating, and communication works (hereinafter referred to as “small-scale municipal works”); v.Final inspection status of parking facilities; and vi.Collection, sorting, summarizing and self-inspection of project archives. Article 17 The project owner may fill out the joint inspection application form through the online platform, select the acceptance items involved in the project, upload the comprehensive notification commitment letter, the final inspection report (comprehensive), completion drawings and other materials, and submit the joint inspection application, or bring relevant materials to the municipality or district government service center for on-site application. Article 18 After the project owner submits the joint inspection application through the online platform, the online platform accepts the joint inspection application, and transmits the application information and materials involved in the project to the Multi-Inspection Integration Platform in real time. Article 19 Within 15 days from the date of acceptance of the application for joint inspection, the competent department of housing & urban-rural development shall organize the relevant competent departments to complete the on-site acceptance and issue an acceptance opinion. The specific time for on-site acceptance shall be determined by the competent department of housing & urban-rural development in consultation with the project owner, and feedback to the competent departments participating in the on-site acceptance shall be conveyed through the Multi-Inspection Integration Platform. The on-site acceptance of projects with low risk shall be completed within 1 day; that of projects with moderate risk within 3 days; and that of projects with high or major risk within 7 days. Article 20 If all the acceptance opinions are “passed”, the joint inspection is passed. The Multi-Inspection Integration Platform will generate a joint inspection notice, and the project owner can download and print it through the online platform. If any one of the acceptance opinions is “failed”, the joint inspection is not passed, and the Multi-Inspection Integration Platform generates a joint inspection disapproval notice, and the municipal (district) competent department of housing & urban-rural development will give the feedback to the project owner by direct delivery. The municipal (district) competent department of housing & urban-rural development shall affix the special seal for the municipal (district) project joint inspection in the joint inspection notice as a unified confirmation document for the joint inspection. This municipality promotes the joint inspection electronic seal, which has the same legal effect as the physical seal, and the joint inspection notice affixed with the electronic seal is legal and valid. Article 21 If a project fails the joint inspection, the relevant competent departments shall order corrections for the violations found and notify the project owner of the matters requiring rectification at one time. If the project owner completes the rectification within 7 days, it can apply for on-site review after the rectification. If after the on-site review, the requirements are still not met, the project owner shall reorganize the final inspection of the project and reapply for joint inspection or independently implement various inspections and acceptances. The time of rectification and review may not be included in the 15-day period. Article 22 Projects subject to joint inspection and acceptance can only be delivered for use after the joint inspection and acceptance is passed. The joint inspection notice shall replace the final inspection filing form, and the final inspection filing is deemed to be completed after the joint inspection is passed. The builder’s warranty period for the project owner’s project quality shall be calculated from the date when the final inspection organized by the project owner is passed. The project owner’s warranty period for the owner shall be calculated from the date when the project is delivered. Chapter IV Main Content of Joint Inspection Article 23 The competent departments of housing and urban-rural development and civil air defense shall carry out final inspection of the project (including the fire inspection) and the final inspection of the civil air defense project according to their responsibilities, including supervising the organization form of the final inspection, the acceptance procedures, and whether the implementation of the acceptance standard is in compliance with relevant regulations, conducting random examinations of filing materials for final inspection, conducting fire-fighting acceptance of special construction projects, and conducting random examinations of fire-fighting acceptance filing in accordance with regulations, to form project (civil air defense works) quality supervision reports, fire-fighting acceptance or filing random examination records respectively. Article 24 If the competent department of planning and natural resources decides to participate in the on-site acceptance, it shall conduct spot checks on the implementation of planning permit items and the self-inspection of project completion archives; if it does not participate in the on-site acceptance, it shall issue planning acceptance opinions and archive acceptance opinions within the specified time limit. Article 25 After the inspection agency completes the special equipment installation supervision and examination, it shall push the basic information and examination-related information of the special equipment to the market supervision and management department. When registering for the use of special equipment, the users will no longer fill in information such as the basic conditions and examination conditions of special equipment. After the special equipment use registration is completed, if the market supervision and management department decides to participate in the on-site acceptance, it shall verify whether the quantity, nameplate, etc. of the special equipment are consistent with the information written on the special equipment use registration form; if it decides not to participate in the on-site acceptance, it shall issue the special equipment acceptance opinion within the specified time limit. Article 26 If the municipal (district) competent department of transportation (parking management department) participates in the on-site acceptance, it shall conduct a random check on the acceptance of the parking facility by the project owner; if it does not participate in the on-site acceptance, it shall issue the parking facility acceptance opinion within the prescribed time limit. Article 27 The competent department of water affairs shall cancel the on-site final inspection of the supporting water-saving facilities, which shall be subject to the notification commitment system. Article 28 The scope of review of real estate surveying and mapping results shall be optimized. The project owner may, at its own discretion, choose a surveying and mapping entity or consortium that meets the requirements to undertake final inspection of the comprehensive surveying and mapping work. For construction projects that require simultaneous review of real estate surveying and mapping results, the real estate surveying and mapping results submitted for review shall be used as the basic data of the relevant acceptance items. The competent department of housing & urban-rural development will no longer review the licensing content or technical indicators involved in the relevant acceptance items. Article 29 The archive acceptance of major construction projects shall be integrated into the acceptance of urban construction archives. For the joint inspection of major construction projects involving government fixed asset investment, the competent department of planning and natural resources shall notify the archives administration department to implement the archive acceptance, and the competent department of planning and natural resources shall clarify the archive acceptance opinions. Article 30 In the process of project construction, if it is necessary to approve relevant technical indicators through examination, testing, surveying and mapping in accordance with technical standards and specifications, including planning verification, fire-fighting facility testing and special equipment supervision and examination, the project owner shall, in accordance with relevant regulations, promptly entrust an institution with corresponding qualifications to complete the technical approval work. Chapter V Municipal Utilities Article 31 When applying for a planning permit, the project owner may fill in the municipal access service requirements in the planning permit application form. Municipal service companies shall carry out active services in advance, and provide services such as consulting on implementation plans, consulting on design drawings, and on-site surveys. Article 32 After the project owner obtains the planning permit, the municipal service companies shall actively provide municipal access services according to the demand for municipal access services posted simultaneously, guide and assist the project owner in completing the construction and acceptance of small-scale municipal works and ensure that they meet the conditions for municipal access. Article 33 After the project owner completes the construction of small-scale municipal works, the municipal service companies shall complete the access and connection of supporting municipal public facilities such as water supply, drainage, and power supply before the project owner organizes final inspection or self-inspection. The project owner shall, within 15 working days after the final inspection of the project is passed, make the supporting municipal public facilities such as gas, heating and communication ready for connection. Article 34 After the construction project passes the joint inspection, the municipal service companies shall provide operation services in a timely manner. For residential projects, municipal service companies shall provide users with water supply, drainage, power supply, gas, heating, and communication services in a timely manner to ensure normal use by users. Chapter VI Strengthening the Supervision during and after the Joint Inspection Article 35 All competent departments shall, in accordance with their respective responsibilities, intensify the supervision of joint inspection, and investigate and deal with violations of existing laws, regulations, standards and regulations by participating entities and related personnel in accordance with the law. Article 36 All competent departments shall strengthen credit supervision and conduct spot checks on the commitments of the construction unit. If the project owner is found to have failed to fulfill its promises, the relevant competent department shall order the project owner to make rectification within a prescribed time limit, and increase the inspection ratio and frequency of its construction in process and new construction projects; In serious cases, joint sanctions for dishonesty shall be implemented in areas such as qualifications, bidding and tender invitation, and financial credit. Article 37 This municipality adopts the method of governmental procurement of services and entrusts a third-party agency to regularly evaluate the joint inspection work and user satisfaction. Article 38 This municipality has established a joint inspection work assessment mechanism, and the assessment results are included in the municipal performance assessment. Article 39 This municipality promotes the disclosure of joint inspection information. After the joint inspection of a construction project is passed, the competent department of housing & urban-rural development shall take the initiative to disclose the opinions on the joint inspection of the project. Before the project is put into use, the project owner shall take the initiative to disclose relevant information about the joint inspection of the project and accept social supervision. Article 40 The project owner shall be responsible for the quality of the construction project in accordance with the law. Relevant competent departments shall bear corresponding legal responsibilities for their respective acceptance opinions. If any citizen, legal entity, or other organization believes that the acceptance opinion infringes their lawful rights and interests, they may apply to the higher-level competent department or the people's government at the same level that issued the opinion for administrative reconsideration. Those who are dissatisfied with the administrative reconsideration decision may file a lawsuit in the competent people's court; they may also directly file a lawsuit in the competent people's court. Chapter VII Supplementary Provisions Article 41 The competent departments may formulate relevant implementation procedures or rules in accordance with these Procedures. Article 42 These Procedures shall come into force as of December 30, 2020. The Interim Measures of Beijing Municipality for Joint Inspection Acceptance of Social Investment Construction Projects (Jing Jian Fa [2018] No. 118) and the Regulations on the Implementation Rules for Beijing Construction Project Joint Completion Acceptance (Trial) (Jing Jian Fa [2018] No. 481) shall be repealed at the same time.
Comprehensive Risk Classification Table of Housing Construction Projects in Beijing.doc |
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