Building regulations: How many days will the construction unit start the construction of the project

Section 1 of Chapter 2 of the Construction Act.

Article 9 The construction unit shall start construction within three months from the date of receiving the construction permit, and if it is unable to start construction on time for any reason, it shall apply to the issuing authority for an extension; Extensions are limited to two periods of not more than three months each. If the construction does not start and does not apply for an extension or exceeds the time limit for extension, the construction permit shall be revoked by itself.

Article 10 If the construction of a construction project under construction is suspended for any reason, the construction unit shall, within one month from the date of suspension of construction, report to the issuing authority, and do a good job in the maintenance and management of the construction project in accordance with the regulations.

When the construction project resumes construction, it shall be reported to the issuing authority; Before the resumption of construction of the project that has been suspended for one year, the construction unit shall report to the issuing authority for verification of the construction permit.

Article 11 In accordance with the relevant provisions of the approval of the commencement report of the construction project, for any reason can not start on time or suspend the construction, shall be reported to the approval authority in a timely manner. If the construction cannot be started on time for more than six months for any reason, the approval procedures for the construction report shall be re-handled.

Section 1 of Chapter 2 of the Construction Law Article 9 The construction unit shall start construction within 3 months from the date of obtaining the construction permit.

The contractor shall, upon receipt of the notice of commencement of construction, commence the construction of the project promptly and without delay. Only when there is a legitimate reason for extension, after applying for an extension, with the approval of the supervising engineer, the start of construction can be postponed and the extension of the construction period can be granted. Otherwise, the responsibility shall be borne by the contractor.

The terms of the contract also clearly stipulate that the supervising engineer shall issue a commencement order within the time limit specified in the annex to the tender after the date of issuance of the award letter. Such a clear provision is necessary. Otherwise, if the owner delays the start of construction, the contractor suffers losses and is not compensated.

Legal analysis: The actual commencement period after the issuance of the commencement order shall be determined according to the specific circumstances. The details are as follows:

1. The commencement date shall be the commencement date specified in the commencement notice issued by the employer or the supervisor. After the notice of commencement is issued, if the conditions for commencement of construction are not yet met, the time when the conditions for commencement of construction are met shall be the date of commencement; If the commencement of construction is postponed due to reasons attributable to the contractor, the time specified in the notice of commencement of construction shall be the date of commencement; 2. If the contractor has actually entered the site for construction with the consent of the employer, the actual time of entering the site for construction shall be the date of commencement; 3. If the employer or supervisor has not issued a notice of commencement of construction and there is no relevant evidence to prove the actual commencement date, the commencement date shall be determined by considering the time specified in the commencement report, contract, construction permit, completion acceptance report or completion lead acceptance record form, etc., and in combination with the fact that the conditions for commencement of construction are met.

Legal basis: Article 8 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases of Disputes over Construction Contracts (1) In the case where the parties have a dispute over the commencement date of the construction project, the specific rules for determining the commencement date are: 1. The commencement date shall be the commencement date specified in the commencement notice issued by the employer or supervisor; After the notice of commencement is issued, if the conditions for commencement of construction are not yet met, the time when the conditions for commencement of construction are met shall be the date of commencement; If the commencement of construction is postponed due to reasons attributable to the contractor, the time specified in the notice of commencement of construction shall be the date of commencement; 2. If the contractor has actually entered the site for construction with the consent of the employer, the actual time of entering the site for construction shall be the date of commencement; 3. If the employer or supervisor has not issued a notice of commencement of construction and there is no relevant evidence to prove the actual commencement date, the commencement date shall be determined by comprehensively considering the time specified in the commencement report, contract, construction permit, completion acceptance report or completion acceptance record form, etc., and in combination with the facts of whether the conditions for commencement of construction are met.

Commencement of construction refers to the entry of contractors into the site to commencement of construction. The start date is the starting point of the construction period, and it is also the first important node to control the risk of the construction period. In general, there are several ways to determine the start date:

1. The specific date agreed in 1 shall be used as the commencement date; 2. The date specified in the employer's notice of commencement of construction shall be the date of commencement of construction; 3. The date of commencement shall be the date specified on the notice of commencement of construction of the supervisor; 4. The date of commencement of construction shall be the date of approval of the commencement report or application for commencement submitted by the contractor. At present, the 2007 version of the standard construction bidding documents of the nine ministries and commissions that are used more often determine the start date as the start date indicated in the start notice issued by the supervisor. However, in practice, the parties often have disputes over the commencement of construction because the agreed commencement date is inconsistent with the actual commencement date.

In this case, the start date is determined according to the following principles:1. If the contractor has evidence to prove the actual date of commencement of construction, it shall determine that date is the date of commencement of construction (the evidence of the contractor may be the notice of the employer, the records of the project supervision, the minutes of the meeting of the parties, etc.).

2. If the contractor has a commencement report even though there is no evidence to prove the commencement date, it shall be deemed that the date recorded in the commencement report is the commencement date. 3. If the contractor has no evidence to prove the actual construction date and no commencement report, the commencement date agreed in the contract shall prevail.

Article 14 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over the Sale of Construction Contracts, Article 14 of the Judicial Interpretation of Construction Contracts, and Article 5 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts (II).

The process from the signing of the contract to the issuance of the notice of commencement:

1. To handle the quality and safety supervision of construction projects for the record, it is necessary to submit construction contracts, building materials testing entrustment contracts, supervision contracts, construction project construction contract filing forms and other materials.

It takes about 10 days to prepare the materials;

2. Safety supervision filing (5 working days).

It is necessary to submit the civilized construction responsibility letter, the safety supervision record form, the construction safety condition audit form, the safety production certificate (copy) of the construction unit, the agreement on the increase fee for safe and civilized construction and safety measures, and the project information table for the safety supervision record.

It takes about 10 days to prepare the materials and 5 working days to file the record, a total of 15 days (which can be synchronized with the first item).

3. Issuance of construction permit (5 working days).

It is necessary to submit: the construction organization design countersign form (original) countersigned and stamped by the construction unit, the construction unit, and the supervision unit, the relevant safety technology construction plan, and the wage deposit or letter of guarantee for migrant workers. It takes about 10 to 20 days for the construction unit to prepare and review the construction organization design and safety technology construction plan (depending on the size of the project), and it takes 5 working days to issue the construction permit, which takes about 20 days in total.

4. Submission and issuance of commencement report (5 working days).

From the above, it can be seen that after the contract is signed, it will take about 40 days to issue a notice of commencement, during which time the construction unit will be able to build temporary facilities and make other preparations for the commencement of construction before the commencement report is issued.

1. Article 46 of the Tendering and Bidding Law of the People's Republic of China The tenderer and the winning bidder shall, within 30 days from the date of issuance of the notice of winning the bid, enter into a written contract in accordance with the bidding documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract. 2. The contract must be signed within 30 days from the date of issuance of the notice of winning the bid.

7 days ago. Notice of commencement of work. It refers to the letter from the employer entrusting the supervision unit to notify the contractor to start construction. After the employer agrees, the supervisor shall send a notice of commencement to the contractor 7 days before the date of commencement of construction.

Legal basis: Article 580 of the Civil Code of the People's Republic of China If one of the parties fails to perform the non-monetary debts or the performance of the non-monetary debts does not conform to the agreement, the other party may request performance, except in any of the following circumstances: (1) it is legally or factually unable to perform; (2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) The creditor fails to request performance within a reasonable period of time.

If there is one of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the relationship of rights and obligations of the contract, but this does not affect the assumption of liability for breach of contract.

Legal analysis: 7 days ago.

Notice of commencement of work. It refers to the letter in which the employer entrusts the supervision unit to notify the contractor to open the number of work. After the employer agrees, the supervisor shall issue a notice of commencement to the contractor 7 days before the date of commencement of construction.

Legal basis: Civil Code of the People's Republic of China Article 580 Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances: (1) it is legally or factually unable to perform; (2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) The creditor fails to request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

The construction unit shall be within three months from the date of commencement of the project.

If the construction cannot be started on time for any reason, it shall apply to the issuing authority for an extension; Extensions are limited to two periods of not more than three months each. If the construction does not start and does not apply for an extension or exceeds the time limit for extension, the construction permit shall be abolished by itself.

The following conditions shall be met for the commencement of the project:

1. The construction permit has been obtained;

2. If the land use approval procedures shall be handled in accordance with the law, the approval procedures for the construction project land have been handled;

3. Set up a project department and equip management personnel;

4. The construction drawings have been reviewed, and the problems or errors in the drawings have been corrected;

5. The construction organization design or construction plan has been approved by the construction and supervision unit and made a disclosure.

To sum up, if the construction of the construction project under construction is suspended for any reason, the construction unit shall report to the issuing authority 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.

Legal basis]:

Article 9 of the Construction Law of the People's Republic of China.

The construction unit shall start construction within three months from the date of receipt of the construction permit. If the construction cannot be started on time for any reason, it shall apply to the issuing authority for an extension; Extensions are limited to two periods of not more than three months each. If the construction permit is revoked by itself if the construction is neither started nor applied for an extension, or if the extension time limit is exceeded, the construction permit shall be revoked by itself.

Article 10 If the construction of a construction project under construction is suspended for any reason, the construction unit shall, within one month from the date of suspension of construction, report to the issuing authority, and do a good job in the maintenance and management of the construction project in accordance with the regulations.