No. 57

Procedures of Shanghai Municipality on Green Building Administration were adopted at the 139th Routine Meeting of the Municipal People’s Government on September 13, 2021, and are hereby promulgated. They shall be effective as of December 1, 2021.

Mayor: Gong Zheng

September 30, 2021

Procedures of Shanghai Municipality on Green Building Administration

(Promulgated by Decree No. 57 of Shanghai Municipal People’s Government

on September 30, 2021）

Chapter I  General Provisions

Article 1 (Purposes and Basis)

With a view to promoting the development of green buildings, the conservation of resources, and the improvement of people’s living environment, and pushing forward the construction of ecological civilization, these Procedures are formulated in accordance with the Energy Conservation Law of the People’s Republic of China, the Regulation on Energy Conservation in Civil Buildings and the Regulations of Shanghai Municipality on Construction-related Energy Conservation and other relevant laws and rules.

Article 2 (Scope of Application)

These Procedures apply to the construction, operation and renovation of civil buildings, and the activities of green building projects and their related supervisory administration in the process of the construction of industrial buildings and urban infrastructure facilities within the administrative areas of this Municipality.

The green buildings mentioned in these Procedures refer to the high-quality buildings that economize resource, protect environment, reduce pollution, provide healthy, suitable, and high-efficient using space for people and maximize the harmonious coexistence between human beings and nature within the buildings’ whole life span.

Article 3 (Administrative Responsibilities)

The municipal housing and urban-rural development department shall be the comprehensive supervision and administration department of the green building activities in this Municipality and shall be responsible for the supervisory administration over the green building activities in relevant professional fields. The district departments of housing and urban-rural development shall, in accordance with their respective functions and duties, be responsible for the specific supervisory administration over the relevant green building activities within their administrative regions.

The departments of traffic, water, landscaping and city appearance, housing administration, and civil defense (hereinafter referred to as other relevant departments) shall, in accordance with their own respective  functions and duties stipulated by laws, rules, regulations, and the Municipal People’s Government, be responsible for the supervisory administration over the green building activities in relevant professional fields.

The departments of development & reform, finance, planning and natural resources, ecology and environment, market regulation, commerce, education, culture and tourism, health, State-owned assets, and government offices administration shall implement these Procedures in coordination with each other according to their own respective functions and duties.

The town/township people’s governments and sub-district offices shall assist in the relevant work of the greening renovation of the existing buildings according to law.

Article 4 (Coordination Mechanism)

The municipal and district people’s governments shall organize and establish a mechanism to coordinate the work of green buildings, and study and coordinate the major issues in the development of green buildings within their respective administrative areas.

Article 5 (Preferential Policies)

The green building projects shall enjoy preferential policies for fiscal expenditure, taxation, and financing in accordance with relevant provisions of the State and this Municipality.

Article 6 (Intelligent Construction and Industrialization of Construction Industry)

The administrative department of housing and urban-rural development and other relevant departments shall take effective measures to raise the level of green buildings, accelerate the transformation of construction approaches, propel the industrialization, digital and intelligent upgrading of the construction industry, and promote the collaborative development of intelligent construction and industrialization of the construction industry.

Article 7 (Innovation Mode and R&D Application)

This Municipality shall encourage the application of energy management contracting mode, green running professional hosting mode, and other innovative models in the green building activities.

This Municipality shall encourage all participating units in the green building activities, universities, scientific and research institutions and industry associations to carry out the R&D, application, demonstration and spreading of new technologies, new processes, new materials, and new equipment in the fields of buildings’ safety and durability, health and comfort, living convenience, resource conservation, and environmental livability.

Article 8 (Regional Collaboration in the Yangtze River Delta)

The municipal housing and urban-rural development department shall establish a communication and coordination mechanism with the relevant provincial departments of housing and urban-rural development in the Yangtze River Delta region, strengthen the information sharing, advance the unification of green building-related standards and norms, propel the joint research, wide spreading and promotion of technological innovation, and urge the collaborative development of the whole industry chain of green buildings.

Article 9 (Industry Associations)

This Municipality shall encourage relevant industry associations to carry out green building operational training and enhance the professional capability of relevant industry practitioners.

This Municipality shall encourage the relevant industry associations to include the building’s green performance into the relevant selection indicators when organizing the excellent building appraisal activities.

Article 10 (Social Propaganda)

The people’s governments at all levels of this Municipality and their relevant departments shall, by various means, widely carry out social propaganda activities, popularize the relevant knowledge about green buildings, and propel the formation of a social climate that advocates a green lifestyle.

Article 11 (Credit Administration)

The municipal housing and urban-rural development department shall， in conjunction with the municipal development & reform department and other relevant departments, establish and perfect a mechanism for the collection, evaluation, and application of the green building credit information.

The relevant departments shall, in accordance with the relevant provisions of the State and this Municipality, bring together the relevant credit information of the participating units of green building activities into the Municipal Public Credit Information Service Platform, and take measures to encourage the honest and to punish the dishonest according to law.

Chapter II  General Requirements

Article 12 (Standards for Green Buildings)

The municipal housing and urban-rural development department shall, in accordance with the provisions of the State and in the light of the characteristics of this Municipality’s climate, environment, resources, culture, and economic development level, organize the formulation and perfection of the local green building standards.

Article 13 (Green Building Rating)

Green buildings shall, according to the National Green Building Standard, be rated into 4 grades; and they are the basic, one-star, two-star, and three-star.

The new civil buildings shall be constructed according to the basic grade or above as stipulated in the National Green Building Standard. Among them, the new office buildings for state organs, large public buildings, and other public buildings invested by the government with a single building’s floor space over a certain size shall be constructed according to the grade of two-star or above as stipulated in the National Green Building Standard.

The specific scope of government-invested public buildings with a single building’s floor space over a certain size as mentioned in the preceding Paragraph shall be determined by the municipal housing and urban-rural development department.

Article 14 (Green Building Labeling)

This Municipality shall implement a green building labeling system in accordance with the provisions prescribed by the State.

The application for a green building label shall follow the voluntary principle.

Article 15 (Condition Evaluation)

The municipal housing and urban-rural development department shall, in conjunction with relevant departments, regularly organize or entrust relevant units to evaluate the condition of green buildings in this Municipality; and the evaluation results shall serve as a reference basis for formulating relevant green building standards and policies.

Article 16 (Consultations for Green Building Requirements)

For the construction projects using land for construction on a cost-reimbursable basis, the department of planning and natural resources administration shall consult the department of housing and urban-rural development on the specific requirements for green buildings such as the green building rating, prefabricated construction, application of building information modeling technology, fully decorated residence, and renewable energy utilization, and include such requirements into the land use contract.

For the construction projects using State-owned construction land in the form of allocation, the department of planning and natural resource administration shall consult the department of housing and urban-rural development on the specific requirements for green buildings when verifying the planning conditions or reviewing the planning and design plan of such construction projects.

Article 17 (Prefabricated Construction and Building Information Modeling)

The new civil buildings, industrial buildings, and urban infrastructure facilities shall, in accordance with the relevant provisions of the State and this Municipality, adopt prefabricated construction methods and apply the building information modeling technology. The municipal housing and urban-rural development department shall, in conjunction with relevant departments, formulate the specific scope of application, the requirements, and the quotas for building information modeling technology.

Article 18 (Utilization of Renewable Energy)

The new civil buildings shall, in accordance with the relevant provisions of the State and this Municipality and the accounting standard for comprehensive utilization of renewable energy, adopt one or more renewable energy sources such as the solar photovoltaic, solar thermal energy, and shallow geothermal energy.

This Municipality shall popularize the installation of distributed photovoltaic system integrated with the building.

Article 19 (Green Building Materials and Resource Recycling)

This Municipality shall popularize the use of green building materials and increase the proportion of their use in green buildings step by step. The government-invested construction projects shall give priority to the use of green building materials.

This Municipality shall implement the quantity-reducing, reclaimable, and harmless treatment of construction wastes; and the construction waste concrete shall be classified, transported, and recycled in accordance with the provisions.

Article 20 (Fully Decorated Residence)

All new affordable rental housing projects shall be fully decorated.

The proportion of fully decorated areas for new commercial residential projects shall comply with the relevant provisions of this Municipality; the specific provisions shall be formulated by the municipal housing and urban-rural development department in conjunction with the relevant departments.

This Municipality shall popularize the adoption of industrialized interior decoration and energy-saving and environmental protection technology in fully decorated residential projects.

Article 21 (Ultra-Low Energy-Consuming Buildings)

This Municipality shall encourage a pilot demonstration of ultra-low energy-consuming buildings, nearly zero energy-consuming buildings, and zero carbon-discharging buildings.

Article 22 (Green Ecological Urban Area)

This Municipality shall speed up the creation and demonstration of green ecological urban areas and give full play to the effect of clustered development of green buildings.

The district people’s governments and the administrative committee of specific areas shall determine certain areas within their jurisdiction for the creation of green ecological urban areas, and shall organize the formulation and implementation of special plans for green ecological urban areas; and the relevant requirements for green buildings shall be clarified in these special plans.

The construction of Jiading New City, Songjiang New City, Qingpu New City, Fengxian New City, and Nanhui New City shall be included into the creation of green ecological urban areas.

Chapter III  Construction Management

Article 23 (Requirements on the Development Unit)

The development unit shall clarify the specific requirements for green buildings in the bidding documents and contracting or contract-out contracts, and urge all construction participant units to implement them.

The related costs incurred due to the specific requirements for green buildings shall be included in the project’s budgetary estimates.

Article 24 (Requirements on the Design Unit)

The design unit shall compile design documents according to the specific green building requirements specified in the contract and be responsible for the design quality.

The design document shall include a special chapter on green buildings that satisfy the compliant design depth requirements.

Article 25 (Requirements on the Construction Drawing Examining Agency)

The examining agency of the construction drawing design documents shall examine the green building content in the construction drawing design documents in accordance with the law.

The relevant contents of green buildings that have been examined and approved shall not be changed without authorization; if the changes involve the main contents, they shall be re-examined in accordance with the provision.

Article 26 (Requirements on the Construction Unit)

The construction unit shall, according to the relevant technical standards for green construction of the State and this Municipality and the construction drawing design documents, prepare a green construction scheme and include it into the design documents of the construction organization, and be responsible for its implementation.

Article 27 (Requirements on the Project Supervision Unit)

The project supervision unit shall supervise the construction quality and safety of green buildings in accordance with the law, and shall bear the supervision responsibility.

Article 28 (Check and Acceptance upon Completion)

The officially organized check and acceptance upon completion or the self-conducted check and acceptance upon completion of the construction project by the development unit shall include the specific content of the green building. The report on the qualification of the officially organized check and acceptance upon completion and the report on the self-conducted check and acceptance upon completion of the construction project shall include the relevant content of the check and acceptance of green buildings.

The simultaneously installed energy consumption monitoring devices and the networking function in the new office buildings of state organs, large public buildings, and other government-invested public buildings with a single building's floor space reaching a certain size shall be included into the special contents of the check and acceptance of green buildings.

The green performance and full decoration quality of residential buildings shall be included into the scope of individual apartment check and acceptance.

Chapter IV  Operation Management

Article 29 (Green Building Information Providing)

Before a newly-built building is put into use, the development unit shall, in accordance with the provisions, provide the building owner, user, or operation manager with such information as the green building star-grade, key technical indicators, maintenance requirements for prefabricated buildings, the name-brand, model, maintenance requirements of the facilities and equipment relevant to the fully-decorated buildings, renewable energy application systems, and the providers, the scope of and time limit for the repair guarantee of green-building-related facilities, equipment, and materials.

The information relevant to the delivery of residential buildings as specified in the preceding Paragraph shall be listed in the manuals and quality warranty papers of newly built residential buildings.

Article 30 (Main Responsible Entity of Operation and Maintenance)

The building owners and users shall, in accordance with relevant provisions and technical norms, be responsible for the operation and maintenance of green buildings and ensure the normal operation of the facilities and equipment related to the green building. If the relevant facilities and equipment are found to be damaged, they shall be repaired or replaced in time.

The building owner and/or user can entrust a property service enterprise or a professional service agency to do the specific operation and maintenance of the green building, and sign a contract for the operation and maintenance service.

Article 31 ( Stop of Illegal Acts)

When a property service enterprise or a professional service agency finds any act that damages the green building and its related facilities and equipment in the process of using or decorating or renovating the green building, it shall dissuade or stop the act according to the relevant provisions or the temporary management rules or the management rules. If the dissuasion or the stop fails, it shall report to the Owners' Committee and the relevant administrative departments within 24 hours. Upon receiving the report, the relevant administrative departments shall stop or handle the illegal act according to law.

Article 32 (Energy Consumption Statistics)

The gas, electricity, and water supply enterprises shall, in accordance with the provisions, collect the relevant statistics on the consumption of gas, electricity, and water supply, and submit the relevant results to the municipal housing and urban-rural development department.

Article 33 (Energy Consumption Monitoring)

The energy consumption monitoring device installed as required shall be kept in good condition, and the relevant energy consumption monitoring data shall be transmitted as required.

In case that the existing office buildings of state organs, large public buildings, and other government-invested public buildings with a single building's floor space reaching a certain size conduct an energy-saving retrofit, the energy-consumption monitoring devices connected to the municipal building energy-consumption monitoring information system shall be simultaneously installed.

The building owners and users shall be encouraged to analyze and apply the energy-consumption monitoring data to optimize the building’s energy consumption. The municipal housing and urban-rural development department shall, in conjunction with the municipal department of government offices administration and relevant district departments, establish and perfect a mechanism for analyzing and feeding back on the energy-consumption monitoring information, and regularly send feedback on such information as the statistical analysis of energy-consumption monitoring data, abnormal energy consumption, and opinions on energy-saving control to the relevant administrative departments, and building owners and users.

Article 34 (Energy Audit)

When the municipal and district departments of housing and urban-rural development carry out the public buildings’ energy audit in accordance with the provisions, they may entrust an energy auditing agency to do the audit; and the relevant units and individuals shall cooperate.

The municipal and district departments of housing and urban-rural development shall, in conjunction with relevant departments, focus on the energy audit of the following buildings:

1. key energy-consuming buildings;

2. buildings whose energy consumption exceeds the quota of energy consumption for buildings of the same type; and

other buildings really necessary for an energy audit.

The specific procedures for the energy audit of public buildings in this Municipality shall be formulated by the municipal housing and urban-rural development department in conjunction with the relevant departments.

Article 35 (Quota of Energy Consumption)

If the energy consumption of a public building exceeds the energy consumption quota standard, the building owner or user shall take effective measures to reduce the energy consumption of the building to make it meet the energy consumption quota standard. The municipal housing and urban-rural development department shall, in conjunction with the relevant departments, formulate the quota standard for energy consumption of public buildings.

This Municipality shall explore and research the policy on differentiated electricity price in the field of energy consumption in public buildings.

Article 36 (Electricity Demand)

When going through the formalities of a newly installed electricity consumption or an increase of electricity capacity in accordance with the law, the building owner or user shall scientifically measure the electric load and reasonably determine the demand for electricity consumption.

Article 37 (Publication of Energy Consumption)

The municipal housing and urban-rural development department shall, in conjunction with relevant departments, compile energy consumption reports on a regular basis based on the data of energy consumption statistics, energy consumption monitoring, and energy auditing, and then publish them to the society.

The municipal and district departments of housing and urban-rural development shall publish the relevant information about the buildings whose energy consumption exceeds the energy consumption quota for the buildings of the same type and the buildings that should install but have not yet installed the building energy consumption monitoring devices.

Article 38 (Indoor Air Quality)

For the decoration and renovation of public buildings such as kindergartens, primary and secondary schools, elderly care institutions, and medical institutions, the building owners or users shall test the indoor air quality before putting them into use, and display the test results at a prominent position of the buildings; and if the results do not meet the indoor air quality standards, such buildings must not be put into use.

In case that an indoor air quality monitoring system is installed in a public building, the owner or the user of the building shall display the monitoring data at a prominent position of the building.

Article 39 (Greening Renovation of Existing Buildings)

According to the actual conditions of economic and social development and geographical climate, this Municipality shall implement a classified greening renovation of existing civil buildings with a plan and step by step.

The municipal housing and urban-rural development department shall, in conjunction with relevant departments and taking the urban renewal into consideration, strengthen the greening renovation of existing civil buildings, focus on the advance of the building energy-saving retrofits and the application of green building materials, green products, and renewable energy sources, and raise the greening level of existing civil buildings.

The government-invested public buildings shall take the lead in the greening renovation.

Chapter V  Legal Liability

Article 40 (Guiding Provision)

Where there are provisions on handling the acts that violate these Procedures prescribed by the laws, rules or regulations, such provisions shall prevail.

Article 41 (Administrative Liability)

The administrative departments of housing and urban-rural development, the relevant departments, and their staff members that fall in any of the following circumstances in violation of the provisions of these Procedures shall be subject to the disciplinary action in accordance with the law.

implementing administrative licensing or imposing administrative punishment in violation of laws;

failing to perform supervision and inspection duties according to the provisions of these Procedures;

3. finding any illegal act but failing to investigate and punish the offender in time, or covering up, conniving illegal acts and causing severe consequences; or

4. other acts of negligence of duty, abuse of power, and malpractice for personal gains.

Chapter VI  Supplementary Provisions

Article 42 (House-building by Agricultural Families)

This Municipality shall encourage rural agricultural families to build houses by taking the relevant measures on the green buildings.

Article 43 (Effective Date)

These Procedures shall be effective as of December 1, 2021.