Time: 2023-09-06 16:47:55
Author: Openview Service Limited
Click:
(Adopted by the 28th Session of the Standing Committee of the Eighth National People's Congress on October 1, 1997, amended for the first time in accordance with the Decision of the 20th Session of the Standing Committee of the 11th National People's Congress Concerning Amendment to the Construction Law of the People's Republic of China on April 22, 2011; amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Eight Laws Including the Construction Law of the People's Republic of China at the 10th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on April 23, 2019)
Chapter I General Provisions
Article 1 This Law is formulated in order to strengthen supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects and promote the healthy development of the construction industry.
Article 2 This Law shall be abided by in carrying out supervision and management of construction activities within the territory of the People's Republic of China.
The term "construction activities" as mentioned in this Law refers to the construction of various housing buildings and their subsidiary facilities, as well as the installation activities of their supporting lines, pipelines and equipment.
Article 3 Construction activities shall ensure the quality and safety of construction projects and conform to the national safety standards for construction projects.
Article 4 The State supports the development of the construction industry, supports the research of building science and technology, improves the level of building design, encourages energy conservation and environmental protection, and advocates the adoption of advanced technology, advanced equipment, advanced technology, new building materials and modern management methods.
Article 5 Construction activities shall abide by laws and regulations, and shall not impair the public interests of society or the legitimate rights and interests of others.
No unit or individual may hinder or obstruct construction activities carried out according to law.
Article 6 The competent administrative department for construction under the State Council shall exercise unified supervision and management over construction activities throughout the country.
Chapter II Construction Permit
Section 1 Construction Permission for Construction Projects
Article 7 Before starting construction of a construction project, the construction unit shall, in accordance with the relevant provisions of the State, apply to the construction administrative department of the people's government at or above the county level where the project is located for a construction permit, except for small-scale projects under the limits set by the construction administrative department under the State Council.
Construction projects that have approved the start-up report in accordance with the limits of authority and procedures prescribed by the State Council shall no longer receive construction permits.
Article 8 When applying for a construction permit, the following conditions shall be met:
(1) The approval formalities for the land used for the construction project have been completed;
(2) If a construction project planning license should be handled according to law, the construction project planning license has been obtained;
(3) Where demolition is required, the demolition progress meets the construction requirements;
(4) Construction enterprises have been identified;
(5) Having the funds arrangement, construction drawings and technical data to meet the construction needs;
(6) There are specific measures to ensure the quality and safety of the project.
The competent construction administrative department shall, within seven days from the date of receipt of the application, issue a construction license to the qualified application.
Article 9 Construction units shall start construction within three months from the date of obtaining construction permits. If the project cannot start on time for any reason, it shall apply to the issuing authority for an extension; the extension shall be limited to two times, each time not exceeding three months. If the construction permit does not start work and does not apply for extension or exceeds the extension time limit, the construction permit shall be revoked by itself.
Article 10 If a construction project under construction is suspended for any reason, the construction unit shall report to the license issuing organ within one month from the date of suspension of construction, and do a good job in the maintenance and management of the construction project in accordance with the regulations.
When restoring construction of a construction project, it shall report to the license issuing organ; before restoring construction of a project which has been suspended for one year, the construction unit shall report to the license issuing organ for verification of the construction license.
Article 11 If a construction project which has approved the start-up report in accordance with the relevant provisions of the State Council fails to start or stop construction on time for some reason, it shall report the situation to the approval authority in time. If the project cannot start on schedule for more than six months, the approval formalities for the start-up report shall be re-processed.
Section 2 Qualifications
Article 12 Construction enterprises, survey units, design units and engineering supervision units engaged in construction activities shall meet the following requirements:
(1) having registered capital in conformity with the provisions of the State;
(2) Professional and technical personnel with legal professional qualifications suitable for the construction activities they engage in;
(3) Having the necessary technical equipment to engage in relevant construction activities;
(4) Other conditions prescribed by laws and administrative regulations.
Article 13 Construction enterprises, survey units, design units and engineering supervision units engaged in construction activities shall be divided into different qualification levels according to their qualifications such as registered capital, professional and technical personnel, technical equipment and performance of completed construction projects. Only after qualifications have been examined and qualified, and qualifications certificates of corresponding grades have been obtained, can their qualification levels be permitted. Engage in construction activities within the scope.
Article 14 Professional and technical personnel engaged in construction activities shall obtain corresponding license certificates according to law and engage in construction activities within the scope permitted by the license certificates.
Chapter III Contracts and Contracts for Construction Projects
Section I General Provisions
Article 15 The contracting unit and the contracting unit of a construction project shall conclude a written contract according to law to clarify the rights and obligations of both parties.
The contracting unit and the contracting unit shall fully perform the obligations stipulated in the contract. Those who fail to perform their obligations as stipulated in the contract shall be liable for breach of contract according to law.
Article 16 Tendering and bidding activities for contracting and contracting of construction projects shall follow the principles of openness, fairness and equal competition and select the best contracting units.
Where there are no provisions in this Law on Tendering and bidding for construction projects, the provisions of the relevant laws on Tendering and bidding shall apply.
Article 17 The contracting units and their staff members shall not accept bribes, rebates or seek other benefits in the contracting of construction projects.
The contractor and its staff shall not use improper means such as bribery, rebate or other benefits to the contractor and its staff to undertake the project.
Article 18 The construction cost shall be agreed upon in the contract between the contracting unit and the contracting unit in accordance with the relevant provisions of the State. Where a contract is issued through public bidding, the cost agreement shall comply with the provisions of the law on Tendering and bidding.
The contracting unit shall timely allocate the project funds in accordance with the contract.
Section 2 Outsourcing
Article 19 Construction projects shall be contracted by tender according to law, and those unsuitable for bidding may be contracted directly.
Article 20 Where a construction project is subject to public bidding, the contracting unit shall, in accordance with legal procedures and methods, issue a tender announcement and provide tender documents containing the main technical requirements of the project, the main contract terms, the standards and methods of tender evaluation, and the procedures of tender opening, tender evaluation and tender calibration.
Bid opening shall be conducted in public at the time and place specified in the tender documents. After opening the tender, tenders shall be evaluated and compared according to the evaluation criteria and procedures stipulated in the tender documents. Among the bidders with the corresponding qualifications, the winners shall be selected.
Article 21 The opening, evaluation and calibration of tenders for construction projects shall be organized and implemented by the construction units according to law, and shall be subject to the supervision of the relevant administrative departments.
Article 22 Where a construction project is contracted by tender, the contracting unit shall contract the construction project to the contracting unit that has won the bid according to law. Where a construction project is contracted directly, the contracting unit shall contract the construction project to a contracting unit with corresponding qualifications.
Article 23 The government and its subordinate departments shall not abuse administrative power and limit the contracting units to contract the construction projects tendered and contracted to the designated contracting units.
Article 24 Advocates general contracting for construction projects, and forbids the dismemberment and contracting of construction projects.
The contracting unit of a construction project may concurrently contract the survey, design, construction and equipment procurement of the construction project to a general contractor, or one or more of the items of the survey, design, construction and equipment procurement of the construction project to a general contractor; however, the construction project that should be completed by a contracting unit shall not be dismembered into several parts for issuance. It is contracted out to several contractors.
Article 25 If, according to the contract, construction materials, structural fittings and equipment are purchased by the project contractor, the contracting unit shall not designate the contractor to purchase construction materials, structural fittings and equipment for the project, or designate the production plant or supplier.
Section 3 Contracting
Article 26 Units contracting construction projects shall hold certificates of qualification obtained according to law and undertake projects within the scope of business permitted by their qualification levels.
Construction enterprises are prohibited from exceeding the business scope permitted by the qualification level of capital enterprises or contracting projects in the name of other construction enterprises in any form. It is forbidden for construction enterprises to allow other units or individuals to use their qualification certificates and business licenses in any form to undertake projects in the name of their own enterprises.
Article 27 Large-scale construction projects or complex construction projects may be jointly contracted by more than two contractors. The parties to the joint contract shall bear joint and several liability for the performance of the contract.
Where two or more units of different qualification levels jointly contract, they shall contract the project in accordance with the business license scope of the units with lower qualification levels.
Article 28 The contractor is prohibited from subcontracting all the construction projects it has contracted to others, and the contractor is prohibited from subcontracting all the construction projects it has contracted to others in the name of subcontracting separately after dismembering them.
Article 29 The general contractor of a construction project may contract part of the project to a sub-contractor with corresponding qualifications; however, except for the sub-contractor as stipulated in the general contract, it must be approved by the construction unit. In the case of general contracting for construction, the construction of the main structure of the construction project must be completed by the general contracting unit on its own.
The general contractor of a construction project shall be responsible to the construction unit in accordance with the agreement of the general contract, and the subcontractor shall be responsible to the general contractor in accordance with the agreement of the subcontract. The general contractor and the subcontractor shall bear joint and several liabilities to the construction unit for the subcontracted project.
It is forbidden for the general contractor to subcontract the project to units that do not have the corresponding qualifications. Subcontractors are prohibited from subcontracting their contracted projects.
CHAPTER IV Construction Engineering Supervision
Article 30 The State promotes the supervision system of construction projects.
The State Council may stipulate the scope of construction projects subject to compulsory supervision.
Article 31 Construction projects subject to supervision shall be supervised by engineering supervision units with corresponding qualifications entrusted by construction units. The construction unit and the engineering supervision unit entrusted by it shall conclude a written entrusted supervision contract.
Article 32 Construction supervision shall, in accordance with laws, administrative regulations and relevant technical standards, design documents and construction contract contracts, supervise the construction quality, construction period and the use of construction funds of the contractor on behalf of the construction unit.
If the project supervisor considers that the project construction does not meet the requirements of Engineering design, construction technology standards and contract agreements, he shall have the right to request the construction enterprise to correct it.
If the project supervisor finds that the project design does not meet the quality standards of the construction project or the quality requirements stipulated in the contract, he shall report to the construction unit that requests the design unit to make corrections.
Article 33 Before the implementation of construction project supervision, the construction unit shall notify the supervised construction enterprise in writing of the entrusted project supervision unit, the content of supervision and the supervision authority.
Article 34 A project supervision unit shall undertake the project supervision business within the scope of supervision permitted by its qualification level.
The project supervision unit shall carry out the supervision task objectively and impartially according to the entrustment of the construction unit.
No subordinate relationship or other interest relationship shall exist between the project supervision unit and the contracting unit of the project under supervision, as well as the building materials, construction components and equipment suppliers.
The project supervision unit shall not transfer the project supervision business.
Article 35 If a project supervision unit fails to fulfill its supervision obligations as stipulated in the entrusted supervision contract, fails to inspect the items that should be inspected or fails to inspect in accordance with the regulations, and causes losses to the construction unit, it shall bear the corresponding liability for compensation.
If the project supervision unit colludes with the contracting unit to seek illegal interests for the contracting unit and causes losses to the construction unit, it shall bear joint and several liability for compensation with the contracting unit.
Chapter V Management of Construction Safety Production
Article 36 Safety production management of construction projects must adhere to the principle of safety first and prevention first, and establish and improve the responsibility system for safety production and the system of mass prevention and mass control.
Article 37 The design of a construction project shall conform to the building safety regulations and technical specifications formulated in accordance with the provisions of the State and ensure the safety performance of the project.
Article 38 When compiling construction organization design, construction enterprises shall formulate corresponding safety technical measures according to the characteristics of construction projects; for more specialized projects, special safety construction organization design shall be compiled and safety technical measures shall be adopted.
Article 39 Construction enterprises shall take measures to maintain safety, prevent dangers and prevent fires at the construction site; if conditions permit, they shall implement closed management of the construction site.
If the construction site may cause damage to adjacent buildings, structures and special working environment, the construction enterprise shall take safety and protection measures.
Article 40 Construction units shall provide underground pipeline information related to construction sites to construction enterprises, and construction enterprises shall take measures to protect them.
Article 41 Construction enterprises shall abide by the provisions of laws and regulations concerning environmental protection and safe production, and take measures to control and deal with environmental pollution and hazards caused by dust, waste gas, waste water, solid waste, noise and vibration on construction sites.
Article 42 In any of the following circumstances, the construction unit shall go through the formalities for application and approval in accordance with the relevant provisions of the State:
(1) Requiring temporary occupancy of sites outside the scope approved by the planning;
(2) Possible damage to public facilities such as roads, pipelines, electricity, posts and telecommunications;
(3) The need for temporary water cut, power cut or road traffic interruption;
(4) Those who need blasting operations;
(5) Other situations requiring approval procedures as stipulated by laws and regulations.
Article 43 The competent construction administrative department shall be responsible for the management of construction safety production, and shall accept the guidance and supervision of the competent labor administrative department for construction safety production according to law.
Article 44 Construction enterprises must strengthen the management of safety in construction production according to law, implement the responsibility system for safety in production, and take effective measures to prevent casualties and other accidents in safety in production.
The legal representative of a construction enterprise is responsible for the safety in production of the enterprise.
Article 45 Construction site safety shall be the responsibility of construction enterprises. The general contractor shall be responsible for the implementation of the general contracting for construction. The subcontractor shall be responsible to the general contractor and submit to the safety production management of the construction site by the general contractor.
Article 46 Construction enterprises shall establish and improve the system of education and training for work safety, and strengthen the education and training for workers'safety in production. Personnel who have not received education and training for safety in production shall not be allowed to work on their posts.
Article 47 In the course of construction, construction enterprises and operators shall abide by laws and regulations concerning safety in production and safety rul, es and regulations in the construction industry, and shall not conduct or operate in violation of regulations. Operators have the right to put forward suggestions on improving the operating procedures and conditions affecting their personal health, and to obtain protective articles needed for safe production. Operators have the right to criticize, report and prosecute acts endangering life safety and personal health.
Article 48 Construction enterprises shall pay industrial injury insurance premiums for employees participating in industrial injury insurance according to law. Enterprises are encouraged to provide accident injury insurance for workers engaged in dangerous op, , , erations and pay insurance premiums.
,
Article 49 For a decoration project involving changes in the main body and bearing structure of the building, the construction unit shall entrust the original design unit or the design unit with corresponding qualifications to put forward the design scheme before the construction; if there is no design scheme, no construction shall be carried out.
Article 50 The demolition of houses shall be undertaken by the construction units that have the conditions to ensure safety, and the person in charge of the construction units shall be responsible for safety.
Article 51 When accidents occur in construction, construction enterprises shall take urgent measures to reduce casualties and accident losses, and report them to relevant departments in time in accordance with the relevant provisions of the State.
Chapter VI Quality Management of Construction Projects
Article 52 The quality of survey, design and construction of construction projects must meet the requirements of relevant national safety standards for construction projects. Specific management measures shall be formulated by the State Council.
When the national standards on construction safety fail to meet the requirements of ensuring construction safety, they should be revised in time.
Article 53 The State shall implement a quality system certification system for units engaged in construction activities. Units engaged in construction activities may apply for quality system certification from the product quality supervision and management department under the State Council or the certification institution accredited by the department authorized by the product quality supervision and management department under the State Council on the basis of voluntary principle. If the certification is qualified, the certification authority shall issue the certificate of quality system certification.
Article 54 Construction units shall not, for any reason, require architectural design units or construction enterprises to violate laws, administrative regulations, quality and safety standards of construction projects and reduce the quality of projects in engineering design or construction operations.
Architectural design units and construction enterprises shall refuse to meet the requirements for reducing the quality of projects put forward by construction units in violation of the provisions of the preceding paragraph.
Article 55 In the case of general contracting for construction projects, the quality of the projects shall be the responsibility of the general contracting unit. If the general contracting unit subcontracts the construction projects to other units, the quality of the subcontracted projects shall be jointly and severally liable to the subcontracting units. The subcontractor shall accept the quality control of the general contractor.
Article 56 An investigation and design unit of a construction project must be responsible for the quality of its investigation and design. The investigation and design documents shall conform to the provisions of relevant laws and administrative regulations, as well as the quality and safety standards of construction projects, the survey of construction projects, the technical specifications of design and the agreements of contracts. The building materials, structural fittings and equipment selected in the design documents shall specify their specifications, models, performance and other technical indicators, and their quality requirements shall conform to the standards prescribed by the State.
Article 57 A building design entity shall not designate a manufacturer or supplier of the building materials, structural fittings and equipment selected in the design documents.
Article 58 Construction enterprises are responsible for the construction quality of projects.
Construction enterprises must construct in accordance with engineering design drawings and construction technology standards, and must not cut corners. The original design unit shall be responsible for the modification of Engineering design, and construction enterprises shall not modify engineering design without authorization.
Article 59 Construction enterprises must inspect building materials, structural fittings and equipment in accordance with engineering design requirements, construction technology standards and contract agreements, and those that are not up to standard shall not be used.
Article 60 Within a reasonable service life of a building, the quality of the foundation works and the main structure must be ensured.
When a construction project is completed, no leakage or cracking shall be left on the roof or wall; for the quality defects found, the construction enterprise shall repair them.
Article 61 Construction projects submitted for acceptance and acceptance must conform to the prescribed quality standards of construction projects, have complete technical and economic data and signed engineering warranty documents, and meet other completion conditions prescribed by the State.
The construction project shall not be delivered for use until its completion experience has been qualified; it shall not be delivered for use if it has not been accepted or failed to pass the acceptance test.
Article 62 A quality guarantee system shall be implemented for construction projects.
The scope of guarantee for construction projects shall include foundation projects, main structural projects, roof waterproofing projects and other civil engineering projects, as well as installation projects of electrical pipelines, water pipelines, heating and cooling systems, etc. The duration of guarantee shall be determined in accordance with the principle of guaranteeing the normal use of buildings within a reasonable life span and safeguarding the legitimate rights and interests of users. Specific warranty scope and minimum warranty period shall be stipulated by the State Council.
Article 63 Any unit or individual shall have the right to report, complain or complain to the competent construction administrative department or other relevant departments about the quality accidents and defects of construction projects.
Chapter VII Legal Liability
Article 64 Whoever, in violation of the provisions of this Law, fails to obtain a construction permit or a construction start-up report and constructs without approval shall be ordered to make corrections, and may be fined for ordering the construction to stop if it does not meet the conditions for the start-up.
Article 65 If a contracting unit contracts a project to a contractor without corresponding qualification or dismembers a construction project in violation of the provisions of this Law, it shall be ordered to make corrections and imposed a fine.
If the project is contracted beyond the qualification level of the unit, the illegal act shall be ordered to stop and a fine shall be imposed, and the business may be ordered to stop and rectify, and the qualification level may be lowered; if the circumstances are serious, the qualification certificate shall be revoked; if any illegal income is obtained, it shall be confiscated.
Contracting projects without qualification certificates shall be banned and fined; unlawful gains shall be confiscated.
If a person obtains a qualification certificate by deception, the qualification certificate shall be revoked and a fine shall be imposed; if a crime is constituted, he shall be investigated for criminal responsibility according to law.
Article 66 If a construction enterprise transfers or lends a qualification certificate or allows others to undertake projects in the name of its own enterprise in other ways, it shall be ordered to make corrections, confiscate the illegal income and impose a fine. It may be ordered to suspend operations for rectification and reduce the qualification level. If the circumstances are serious, the qualification certificate shall be revoked. The construction enterprise shall bear joint and several liabilities for the losses caused by the non-conformity of the contracted project with the prescribed quality standards.
Article 67 If a contractor subcontracts a contracted project or subcontracts it in violation of the provisions of this Law, it shall be ordered to make corrections, confiscate the illegal income and impose a fine. It may be ordered to suspend operations for rectification and reduce the qualification level. If the circumstances are serious, the qualification certificate shall be revoked.
If the contractor commits any of the illegal acts specified in the preceding paragraph, it shall be jointly and severally liable for the losses caused by the non-conformity of the subcontracted project or the illegal subcontracted project with the prescribed quality standards. Article 68 Whoever solicits bribes, accepts bribes or offers bribes in the process of contracting or contracting a project constitutes a crime shall be investigated for criminal responsibility according to law; if no crime is constituted, fines shall be imposed separately, bribery property shall be confiscated, and the persons in charge directly responsible and other persons directly responsible shall be punished.
In addition to punishment in accordance with the provisions of the preceding paragraph, a contractor who bribes in a project contract may be ordered to suspend business for rectification, lower the qualification level or revoke the qualification certificate.
Article 69 If a project supervision unit colludes with a construction unit or a construction enterprise to commit fraud and reduce the quality of the project, it shall be ordered to make corrections, imposed a fine, lower the qualification level or revoke the qualification certificate; if any illegal gains are obtained, it shall be confiscated; if losses are caused, it shall bear joint and several liability for compensation; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
If a project supervision unit transfers its supervision business, it shall be ordered to make corrections and confiscate the illegal income. It may be ordered to suspend operations for rectification and reduce the qualification level. If the circumstances are serious, the qualification certificate shall be revoked.
Article 70 Whoever, in violation of the provisions of this Law, constructs decoration projects involving changes in the main body of a building or load-bearing structure without authorization shall be ordered to make corrections and fined; whoever causes losses shall be liable for compensation; whoever constitutes a crime shall be investigated for criminal responsibility according to law.
Article 71 If a construction enterprise, in violation of the provisions of this Law, fails to take measures to eliminate the hidden dangers of construction safety accidents, it shall be ordered to make corrections and may be fined; if the circumstances are serious, it shall be ordered to suspend operations for rectification, reduce its qualification level or revoke its qualification certificate; if the case constitutes a crime, it shall be investigated for criminal responsibility according to law.
If the managerial personnel of a construction enterprise illegally directs or forces employees to take risks in their work, thus causing serious casualties or other serious consequences, they shall be investigated for criminal responsibility according to law.
Article 72 If a construction unit violates the provisions of this Law and requires the architectural design unit or the construction enterprise to violate the quality and safety standards of the construction project and reduce the quality of the project, it shall be ordered to make corrections and may be fined; if a crime is constituted, it shall be investigated for criminal responsibility according to law.
Article 73 If a building design unit fails to design in accordance with the quality and safety standards of a construction project, it shall be ordered to make corrections and impose fines; if an accident of construction quality occurs, it shall be ordered to stop operation and rectify, reduce its qualification level or revoke its qualification certificate, confiscate its illegal income and impose a fine; if it causes losses, it shall be liable for compensation; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.
Article 74 Where a construction enterprise jerries in construction, uses unqualified building materials, construction components and equipment, or other acts of construction in accordance with engineering design drawings or construction technology standards, it shall be ordered to correct and fined; if the circumstances are serious, it shall be ordered to suspend business for rectification, reduce its qualification level or revoke its qualification certificate; Those who fail to meet the prescribed quality standards shall be responsible for rework, repair and compensation for the losses resulting therefrom; those who constitute a crime shall be investigated for criminal responsibility according to law.
Article 75 If a construction enterprise violates the provisions of this Law, fails to perform its warranty obligations or delays the performance of its warranty obligations, it shall be ordered to make corrections, may be fined, and shall be liable for compensation for the losses caused by quality defects such as leakage and cracking of roofs and walls during the warranty period.
Article 76 The administrative penalties prescribed in this Law for ordering suspension of business for rectification, lowering the qualification level and revoking the qualification certificate shall be decided by the authority issuing the qualification certificate; other administrative penalties shall be decided by the competent construction administrative department or the relevant department in accordance with the law and the terms of reference prescribed by the State Council.
Administrative authorities of industry and Commerce shall revoke business licenses of those enterprises whose certificates of qualification have been revoked in accordance with the stipulations of this Law.
Article 77 Whoever, in violation of the provisions of this Law, issues a certificate of qualification at that level to a unit that does not meet the corresponding qualification requirements shall be ordered by its superior authorities to withdraw the certificate of qualification issued, and administrative sanctions shall be imposed on the directly responsible persons in charge and other directly responsible persons; if the case constitutes a crime, criminal responsibility shall be investigated in accordance with the law.
Article 78 Where the staff of the government and its subordinate departments violate the provisions of this Law and restrict the contracting units to contract the projects tendered and contracted to the designated contracting units, the higher authorities shall order them to make corrections; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 79 Where the Department responsible for issuing the construction license of a construction project and its staff issue the construction license for a construction project that does not meet the construction conditions, the Department responsible for the supervision and inspection of the quality of the project or for the acceptance and acceptance of the completed project and its staff issue the quality qualified documents for the unqualified construction project or accept the acceptance and acceptance of the qualified project, the higher authorities shall order the corrections and the responsible persons. Members shall be given administrative sanctions; if a crime is constituted, criminal liability shall be investigated according to law; if losses are caused, the Department shall bear the corresponding liability for compensation.
Article 80 In the reasonable service life of a building, if it suffers damage due to the unqualified quality of the construction project, it shall have the right to claim compensation from the responsible person.
Chapter VIII Supplementary Provisions
Article 81 The provisions of this Law concerning construction permission, qualification examination of construction enterprises, contracting, non-subcontracting of construction projects, supervision of construction projects, safety and quality management of construction projects are applicable to the construction activities of other specialized construction projects. The specific measures shall be formulated by the State Council.
Article 82 In the supervision and management of construction activities, construction administrative departments and other relevant departments shall not collect any other fees except those charged in accordance with the relevant provisions of the State Council.
Article 83 The construction activities of small housing construction projects determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be carried out with reference to this Law.
The renovation of memorial buildings and ancient buildings approved as cultural relics protection according to law shall be carried out in accordance with the relevant laws and regulations on cultural relics protection.
This Law shall not apply to emergency rescue and disaster relief and other temporary housing construction and construction activities of peasants' self-built low-rise houses.
Article 84 Specific measures for the management of construction activities of military housing construction projects shall be formulated by the State Council and the Central Military Commission in accordance with this Law.
Article 85 This Law shall come into force on March 1, 1998.