Research | Legal research and practice of green finance supporting green buildings under the dual carbon background


On August 26, 2022, the China International Green Finance and Green Low Carbon Building Forum was held.

Although the development of green buildings has made great progress in local legislation, it has not been clearly defined in the form of laws and regulations at the national level, lacking the basis of superior laws.

At the same time, many documents, including the Fourteenth Five Year Plan for the Development of the Construction Industry, the Notice on Printing and Distributing the Action Plan for Green Building Creation, and the Guiding Opinions on Promoting the Coordinated Development of Intelligent Building and Building Industrialization, clearly put forward the requirements for vigorously developing prefabricated buildings and promoting the establishment of a professional, large-scale and information-based production system based on standard components.

The issuance of the above standards and guidelines will further standardize the technical requirements for the construction of prefabricated buildings.

1) and other documents, which have set a unified standard for the evaluation, sign issuance and management of green buildings from a technical perspective, which is conducive to the specific implementation at the operational level.

At the level of specific industry standards, the Ministry of Housing and Urban Rural Development has successively issued the Evaluation Standards for Green Industrial Buildings (GB/T50878-2013), the Evaluation Standards for Green Buildings (GB/T50378-2019), the Administrative Measures for Green Building Signs (JB [2021] No.

On October 24, 2021, the CPC Central Committee and the State Council issued the Opinions of the CPC Central Committee and the State Council on Completely, Accurately and Comprehensively Implementing the New Development Concept and Doing a Good Job in Carbon Peak and Carbon Neutralization (hereinafter referred to as the “Working Opinions”); On October 26 of the same year, the State Council issued the Action Plan for Carbon Peak by 2030 (hereinafter referred to as the Action Plan), which, as the programmatic documents for China’s realization of dual carbon, opened the curtain for China’s new environmental protection cause.

It can be seen from this that the action of carbon reduction in the construction industry is urgent and is a key link in the process of achieving the goal of carbon peaking and carbon neutralization in China, and carbon reduction in the construction industry is of great significance for China to achieve an all-round low-carbon society and high-quality development.

After the Central Economic Work Conference, the “One Bank, Two Sessions” held in succession also put support for green finance at the top of the work and action in 2022.

Click the blue word to follow us, which is helpful for promotion and salary increase! Source of legal value creation of financial wealth creation: On March 16, 2011, the Twelfth Five Year Plan for National Economic and Social Development of the People’s Republic of China issued by the National People’s Congress of Jintiancheng Law Firm proposed to “explore the establishment of low carbon product standards, labeling and certification systems, establish and improve the greenhouse gas emission statistical accounting system, and gradually establish a carbon emission trading market”.

It can be seen that the existing legal system for green buildings has two major problems: the absence of legislative expression of the upper law and the lack of legal binding force.

With the theme of “Green Finance Helps Building ‘Carbon Neutralization'”, the conference focused on how finance supports the green and low carbon transformation and development of the real estate construction industry as a “big carbon emitter”, how real estate enterprises improve the ESG level, and how the real estate industry achieves the goal of “carbon peak and carbon neutralization”.

In addition, in the land supply, the relevant requirements for the development of prefabricated buildings can be included in the land supply plan and implemented in the land use contract.

Assembled buildings themselves are also an effective way to achieve green buildings.

1、 Overview of domestic green building legislation and evaluation system Overall deployment.

At present, in the absence of direct legal provisions, the participation of government and market entities in the development of green buildings tends to be conservative on the whole, which is obviously contrary to the current goal of promoting the construction field to achieve carbon neutrality and carbon peak and the goal and requirements of “waste free city” construction..

In the subsequent Central Economic Work Conference held on December 8-10, 2021, it was mentioned that “guide financial institutions to increase support for the real economy, especially small and micro enterprises, scientific and technological innovation, and green development”.

As a major carbon emitter, the construction industry, according to the data released by the China Building Energy Conservation Association, accounts for more than half of the total carbon emissions in the whole process of national construction, including 28.3% of building materials (steel, cement, aluminum, etc.); In the operation stage (urban residential construction, public buildings, rural buildings), the proportion is 21.9%, and in the construction stage, the proportion is 1%.

Lifting Anchor

From the perspective of national legislation, on September 27, 2016, the Guiding Opinions of the General Office of the State Council on Vigorously Developing Fabricated Buildings clearly stated that prefabricated concrete buildings and steel structure buildings should be focused on, and the proportion of prefabricated buildings in new buildings should be continuously increased.

First of all, a sound legal and regulatory system is the fundamental support for the development of green buildings.

In 2021 and 2022, the Ministry of Housing and Urban Rural Development successively issued relevant standards and guidelines for the construction of prefabricated buildings, including Technical Standards for Assembled Interior Decoration, Guidelines for the Dimensions of Main Components of Prefabricated Concrete Structure Residential Buildings, and Guidelines for the Dimensions of Main Components of Prefabricated Decoration of Residential Buildings.

The supporting policies for the construction industry will also be introduced based on the above opinions and plans.

From the perspective of building evaluation standards, according to the Evaluation Standards for Green Buildings (GB/T50378-2019), green buildings refer to high-quality buildings that save resources, protect the environment, reduce pollution, provide healthy, applicable and efficient use space for people, and maximize the harmonious coexistence between people and nature.

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