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The "Construction Law" has been revised, and the construction permit has changed greatly!

Author: admin 时间:2020-04-21 03:28:54

In 2019, eight laws, including the Construction Law and the Fire Protection Law, were amended。

1, "Construction Law" amendment: further compression of construction permitsApproval time limit优化The conditions for applying for construction permit are discussed。

2, "Fire Law" amendment:The Ministry of Public Security will guide the review and acceptance of fire protection design of construction projectsMinistry of Housing and Urban-Rural Development,The fire rescue agency replaced the public security fire agency, and the national comprehensive fire rescue team replaced the public security fire brigade。

Tokawa Management Research Department according to thisBuilding Act and Fire ActThe revised content and relevant information are sorted out, and our interpretation is given for reference!

 
 
 
What has been amended in the Building Law?
 
 
 

In this revision,Construction LawA clause has been amended (蓝字As modified) :

Article 8 is amended to read:"To apply for a construction permit,The following conditions shall be met:

(1) the approval procedures for the land use of the construction project have been completed;

(二)The construction project planning permit shall be handled according to lawHas obtained the construction project planning permit;

(3) Where demolition is required, the demolition progress shall meet the construction requirements;

(4) Construction enterprises have been identified;

(5) Those that meet the needs of constructionFinancial arrangementConstruction drawings and technical data;

(6) There are specific measures to ensure the quality and safety of the project。

The competent administrative department for construction shall start from the date of receiving the application七日Construction permits shall be issued to qualified applications。

appendage例:

Article VIII To apply for a construction permit, the following conditions shall be met:

(1) the approval procedures for the land use of the construction project have been completed;

(二)Construction works in urban planning areasHas obtained a planning permit;

(3) Where demolition is required, the demolition progress shall meet the construction requirements;

(4) Construction enterprises have been identified;

(5) having construction drawings and technical data that meet the needs of construction;

(6) Having specific measures to ensure the quality and safety of the project;

(7) The construction funds have been implemented;

(8) Other conditions provided for by laws and administrative regulations。

The competent administrative department for construction shall start from the date of receiving the applicationFifteen daysConstruction permits shall be issued to qualified applications。

注:

1: The second paragraph of Article 8 has been amended to set the time limit for approval of construction permits from the date of applicationWithin fifteen daysAdjust to the date of applicationWithin seven daysThe approval time has been greatly shortened。

2: Deletion of Article 8, paragraph 1, subparagraph 8"Other conditions stipulated by laws and administrative regulationsThe deletion of this clause ensures that local governments do not engage in specialization, and all are implemented uniformly, effectively improving the business environment。

3:Deleted Article 8, paragraph 1, item 7, "Construction funds have been implemented", this deletionIt is not conducive to ensuring the quality of the project and preventing arrears in the wages of construction workers。Therefore, Article 8, paragraph 1, item 5 is amended as "to meet the needs of construction.Financial arrangementThis amendment clarifies that the construction funds do not need to be implemented in the accounts, as long as there is the ability to arrange funds, which can be said to greatly reduce the cost and activate the funds of the construction industry。

4: Article 8, paragraph 1, subparagraph 2, by"Construction works in urban planning areas”改为“The construction project planning permit shall be handled according to law”。

Article 40 of the Urban and Rural Planning Law of the People's Republic of China stipulates:Carrying out the construction of buildings, structures, roads, pipelines and other works within a planned area of a city or townThe construction unit or individual shall apply to the competent urban and rural planning department of the city or county people's government or the town people's government determined by the people's government of the province, autonomous region or municipality directly under the Central Government for a construction project planning license。

For this revision of the "Construction Law", the range is not large, and it will take some time for the "Construction Law" to undergo major revisions, you can quote a sentence:The general contracting of the project, the main responsibility of the construction unit, the project guarantee and insurance system, and the project quality, especially the adjustment scope (including transportation, water conservancy and railway), still need to be unified。

 
 
 
What has been amended by the Fire Act?
 
 
 

The Fire Protection Law of the People's Republic of China was amended蓝字As modified)

(1) Article 10 is amended to read:For construction projects requiring fire control design in accordance with the national technical standards for fire control of construction projects, the review and acceptance system for fire control design of construction projects shall be implemented。

(Original regulations:Construction projects of fire control design shall be carried out in accordance with the national technical standards for fire control of engineering construction.Except as otherwise provided for in Article 11 of this Law, the construction unit shall, within seven working days from the date of obtaining the construction permit according to law, submit the fire control design documents to the fire control institution of the public security organ for the record, and the fire control institution of the public security organ shall conduct spot checks。

(2) Amend Article 11 as follows:Department of housing and urban and rural construction under The State CouncilFor specified special construction projects, the construction unit shall submit the fire control design documentsHousing and urban and rural construction departments审查,Housing and urban and rural construction departmentsBe responsible for the results of the examination according to law。

For other construction projects other than those specified in the preceding paragraph, the construction unit shall provide fire control design drawings and technical materials that meet the requirements of construction when applying for a construction permit or an approval report。

(Original regulations:Large and densely populated places as prescribed by the public security department under The State CouncilAnd other special construction projects, the construction unit shall submit the fire control design documentsPublic security fire control institution audit。Public security fire control agencyBe responsible for the results of audit according to law。)

 

注:The Ministry of Public Security will guide the review and acceptance of fire protection design of construction projectsMinistry of Housing and Urban-Rural Development

On September 13, 2018, the General Office of the Central Committee officially issued a document (Department Word 2018 No. 58), assigning the Ministry of Public Security's responsibility for guiding the fire design review of construction projects to the Ministry of Housing and Urban-Rural Development, and transferring the relevant personnel of the fire force to be transferred to be approved separately。


(3) Article 12 is amended asWhere a special construction project has not been examined for fire control design or fails to pass the examination,The construction unit or construction unit shall not carry out construction;Other construction projects,If the construction unit fails to provide fire control design drawings and technical materials that meet the needs of construction, yesThe department concerned shall not issue a construction permit or a report approving the commencement of construction。”

(Original regulations:Construction projects that should be subject to fire control design audit by fire control institutions of public security organs according to law, without audit or fail to pass the audit, the department responsible for examining and approving the construction permit of the project shall not give the construction permitThe construction unit or construction unit may not carry out construction;Other construction projectsIf the construction permit is not qualified after random inspection according to law, the construction shall be stopped。

(4) Article 13 is amended as"The competent department of housing and urban and rural construction under The State Council stipulates that construction projects that should be applied for fire control acceptance should be completed,The construction unit shall provideThe competent department of housing and urban and rural construction shall apply for acceptance of fire control 

"For construction projects other than those provided for in the preceding paragraph, the construction unit shall report them after acceptanceHousing and urban and rural construction departments备案,Housing and urban and rural construction departmentsSpot checks should be carried out。

"Construction projects that should be subject to fire control acceptance according to law shall not be put into use without fire control acceptance or if they fail to pass the fire control acceptance;Other construction projects that fail to pass random inspection according to law shall be discontinued。”

(Original regulations:Construction projects that need to carry out fire control design in accordance with the national technical standards for fire control construction shall be completed in accordance with the following provisions for fire control acceptance and filing:

(1) For construction projects prescribed in Article 11 of this Law, the construction unit shall apply to the fire control institution of the public security organ for acceptance inspection on fire control;

(2) For other construction projects, the construction unit shall, after acceptance inspectionReport to the fire control institution of the public security organ备案,Public security fire control agencySpot checks should be carried out。Construction projects that should be subject to fire control acceptance inspection according to law shall not be put into use without fire control acceptance inspection or if they fail to pass the acceptance inspection;Other construction projects that fail to pass random inspection according to law shall be discontinued。)

(5) Article 14 is amended asSpecific measures for the review of fire control design, fire control acceptance, filing and random inspection of construction projects,The housing and urban and rural development department under The State Council规定。”

(6) Article 56 is amended asHousing and urban and rural construction departmentsFire rescue institutions and their staff shall conduct fire control design review, fire control acceptance check, record spot check and fire control safety inspection in accordance with legal functions and procedures, so as to be fair, strict, civilized and efficient。

Housing and urban and rural construction departmentsFire rescue agencies and their staff to conduct fire design review, fire acceptance, record spot checks and fire safety inspections,No charge,Shall not take advantage of his position to seek benefits;Shall not use the position for users, construction units designated or disguised designated fire control product brand, sales units or fire control technical service institutions, fire control facilities construction units。”

(7) Article 57, Article 71, paragraph 1The "fire control institutions of public security organs" is amended to "competent departments of housing and urban and rural construction, fire rescue institutions";Revise "review" in Article 71 to "review" and delete "construction" in paragraph 2.。

(8) Article 58 is amended as"Whoever commits any of the following acts in violation of the provisions of this Law,The competent departments of housing and urban and rural construction and fire control and rescue institutions shall order them according to their respective functions and powersSuspension of construction, cessation of use or suspension of production and business, and a fine of not less than 30,000 yuan but not more than 300,000 yuan:

"(1) Construction projects that should be subject to fire control design review according to law, without legal review or failed to pass the review, unauthorized construction;

"(2) Construction projects that should be subject to fire control acceptance according to law are put into use without fire control acceptance or without passing the fire control acceptance;

"(3) The use of other construction projects prescribed in Article 13 of this Law is not stopped after they have been checked and accepted and are not qualified according to law through random inspections;

"(4) Public gathering places without fire control safety inspection or inspection does not meet the fire control safety requirements, arbitrarily put into use and business.。

"Where a construction unit fails to report to the competent department of housing and urban and rural construction for the record after acceptance in accordance with the provisions of this Law, the competent department of housing and urban and rural construction shall order it to make corrections and impose a fine of not more than 5,000 yuan.。”

(9) Article 59The "order to correct or stop construction" is amended to "byHousing and urban and rural construction departmentsOrder rectification or cessation of construction"。

(10) Article 70 is amended as"Administrative penalties provided for in this Law shall be imposed, except by public security organsIn accordance with the Law of the People's Republic of China on Penalties for Public Security AdministrationOther than the relevant provisions of the decision, byThe competent departments of housing and urban and rural construction and fire rescue agencies shall act according to their respective functions and powers决定。

"Where it is ordered to stop construction, stop use, stop production and business operations, it shall be rectified after rectification.The department or agency that makes the decisionThe construction, use, production or business operation may be resumed only after the report has passed the inspection。

"If the party concerned fails to implement the decision on suspension of production or business, cessation of use or cessation of construction within the time limit, the decision shall beThe department or agency that makes the decisionenforce。

"Where an order is made to suspend production or business operations and has a greater impact on economic and social life, the order shall be enforced.Housing and urban and rural construction departments or emergency management departmentsReport to the people's government at the corresponding level for decision according to law。”

(11) The "fire control institutions of public security organs" in Articles 4, 17, 24 and 55 shall be amended to "fire rescue institutions","Public security departments", "public security organs", "fire control institutions of public security departments" are amended to "emergency management departments";Amend "Public security organs and their fire control institutions" in the third paragraph of Article 6 to "emergency management departments and fire control and rescue institutions",In paragraph 7, "public security organs" is amended to "public security organs, emergency management";Amend "fire control institutions of public security organs" in Articles 15, 25, 29, 40, 42, 45, 51, 53, 54, 60, 62, 64 and 65 to "fire rescue institutions";The "Public security fire brigade" in articles 36, 37, 38, 39, 46 and 49 is amended to "National comprehensive fire rescue Team".。

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