Jing Gui Zi Fa [2022] No. 99
To all branches, divisions & offices of relevant authorities and departments under Beijing Municipal Commission of Planning and Natural Resources,
To further implement the policy of the CPC Central Committee and the State Council on streamlining administration and delegating powers, improving regulation, and upgrading services, promote the enforcement of the Implementation Plan of Beijing Municipality for Cultivating and Invigorating Market Entities and Continuously Improving Business Environment (Jing Zheng Ban Fa [2021] No.18), address the shortage of public infrastructure in villages and townships, and accelerate the approval process for collective public infrastructure projects, the Commission has introduced a requirement notification and compliance commitment mechanism for granting rural planning permits to small-scale public welfare projects using collective land for construction. Details of the mechanism are hereby notified:
I. Coverage
For the purposes of the Notice, "small-scale public welfare projects using collective construction land" refers to construction projects that a) occupy less than 100 m2 (inclusive) of collective land; b) cover less than 200 m2 (inclusive) of floor area above ground; c) conform to height control requirements of the local government; d) look in harmony with the surroundings; and e) aim to provide public services and carry out public management for social interests. Examples of such projects include sewage treatment, waste storage and transportation, electricity supply, gas supply, communications, water source well pump rooms and other small-scale infrastructure projects; as well as small-scale public service facilities like toilets, security booths and health service stations.
II、Application Requirements
The mechanism shall be applied to projects that a) fall within the scope of small-scale public welfare projects using collective construction land stated herein; b) match the designated usage of planned construction land; c) have a clear ownership and location; d) are approved by the villagers' meeting with signatures of the villagers' committee; and e) are in line with territorial space planning and use control and have obtained the consultation opinions of multiple regulation compliance confirmation by multiple authorities (MRCCMA).
III. Application Procedures
(i) Application Method. The applicant shall file application online via the Beijing Online Approval and Supervision Platform for Investment Project (website: tzxm.beijing.gov.cn).
(ii) Application Materials.
l The application form for construction projects;
l The authorization letter by the legal representative of the construction project and the ID Card of the entrusted agent;
l Letter of Commitment on Compliance with the Requirements Notified for Granting Rural Planning Permits to Small-Scale Public Welfare Projects Using Collective Construction Land;
l Design drawings;
l Consultation opinions of MRCCMA;
l Letter of Opinions signed by the villagers' committee (agreed upon at the villagers' meeting after discussion).
Projects funded by the government and directly applying for construction permits shall also submit the feasibility study reports or documents of approval by the department in charge of project setup.
(iii) Processing Time. If application materials are in due form and the Letter of Commitment covers all relevant items as required with clear statements, authorities in charge of approval shall grant permits within 0.5 working days.
(iv) Spot Check. Authorities in charge of approval shall, within 20 working days after the permit is issued, carry out spot check on 100% (subject to adjustments as appropriate) of the approved projects. The spot check shall verify whether the project is consistent with the commitment and whether application materials comply with applicable laws, regulations and planning requirements. In case of inconsistency, authorities in charge of approval shall issue a written notice to the applicant within 20 working days after the permit is issued, and hold the applicant liable according to the severity of inconsistency. If authorities fail to issue the notice within the designated time, the applicant shall be deemed to have passed the spot check.
IV. Classification of Inconsistency and Corresponding Penalties
(i) Minor inconsistency and penalties. The applicant shall be liable for minor inconsistency if the application materials are not completely consistent with the consultation opinions of MRCCMA on items other than building usage, scale, height, location and outer size, and the construction has not yet commenced.
For such projects, the authority in charge of approval shall notify the applicant in writing within 20 working days after the permit is issued and require the applicant to make rectifications within 10 working days. If the applicant fails to make rectifications in time or if inconsistency still exists after rectification, the applicant shall be deemed liable for general inconsistency. In such case, the applicant and the designer shall be listed as priority subjects for inspection, and the application materials submitted by them shall be subject to rigorous review; this misconduct of the applicant and the designer will be recorded on the credit information platform (such record will not be published).
(ii) General inconsistency and corresponding penalties. The applicant shall be liable for general inconsistency if application materials are inconsistent with the consultation opinions of MRCCMA in terms of building usage, scale, height, location and outer size, and the construction has not yet commenced.
For such projects, the authority in charge of approval shall notify the applicant in writing within 20 working days after the permit is issued and require the applicant to make rectifications within 10 working days. If the applicant fails to make rectifications in time or if the inconsistency still exists after rectification, the applicant shall be deemed liable for serious inconsistency. In such case, this misconduct of the applicant and designer will be recorded on the credit information platform and posted for public review for six months. Such applicant will not be eligible to this mechanism for obtaining rural planning permit in the folloing year.
(iii) Major inconsistency and corresponding penalties. The applicant shall be liable for major inconsistency if the application materials are inconsistent with the consultation opinions of MRCCMA in terms of building usage, scale, height, location and outer size, and the construction has started; if the application materials are in violation of applicable laws and regulations; if the applicant has provided fake materials or has obtained the permit in other fraudulent ways; or if the applicant has committed minor or general inconsistency and fail to make rectifications in time or the inconsistency still exists after rectification.
In such cases, the planning permit granted to the project will be revoked, and the case will be reported to the corresponding housing and urban-rural development authority. Projects already under construction will be subject to measures against illegal structures taken by the law enforcement authority. This misconduct of the applicant and the designer will be recorded on the credit information platform and posted for public review for one year. The applicant will not be eligible to this mechanism for obtaining rural planning permit in the folloing year. In case of serious inconsistency due to designing, the misconduct of the designer will be recorded on the credit information platform and reported to competent authorities for follow-up measures.
(iv) Where the planning permit is revoked due to matters attributable to the applicant, the legal liabilities arising therefrom shall be borne by the applicant. The applicant shall also assume corresponding legal liabilities for any adverse impacts or losses caused to a third party.
(v) Complaints and objections. In case of objections to penalties, the applicant shall, within 5 working days after the penalties are introduced, lodge a complaint and objection via the consultation hotline published by district branches under the Commission. Relevant authorities shall process the objection within 5 days and give reply to the applicant, unless the involvement of a third-party professional service agency is necessary. During the objection processing period, the applicant may suspend construction to reduce unnecessary losses.
V. Other Requirements
(i) The architect accountability system shall be implemented as per relevant requirements of the Guidelines of Beijing Municipality on Conducting Trials of the Architect Accountability System. Such a system will give more play to architects’ professional skills and technical insights, so as to bring about high-quality public service facilities and buildings.
(ii) Compliance with the General Rules of Beijing Municipality for Planning and Design of Construction Projects (2003), the Calculation Code for Construction Area of Buildings (GB/T 50353 -2013), the Codes for Accessibility Design (GB 50763 - 2012), the Code for Fire Protection Design of Buildings (GB 50016-2014 (2018 Version) and other regulations will be included in the design specification as standard terms according to purposes of the projects.
(iii) Green space and parking lots are not mandatory items. Applicants may set green space and parking lots as needed in accordance with design plans.
(iv) For projects that qualify as low-risk, applicants may file applications in accordance with the Notice on the Implementation of the Requirement Notification and Compliance Commitment Mechanism for Granting Planning Permits to Privately-Invested Low-risk Projects (Jing Gui Zi Fa [2021] No. 383) and the opinions on its implementation. The application of other projects shall still be submitted as per the requirements of this Notice.
This Notice is hereby given.
Beijing Municipal Commission of Planning and Natural Resources
April 1, 2022