Several Provisions of Shanghai Municipality on Promoting the Implementation in Pudong New Area of the Architect Accountability System

(Adopted at the 17th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on November 28, 2024)

Article 1

With a view to intensifying the reform in the architectural and construction sector, allowing architects to demonstrate their professional advantages and take technology-led roles, strengthening the construction management throughout the whole process, improving the quality of construction projects and buildings, and promoting high-quality development of the construction industry, these Provisions are formulated in accordance with the basic principles of the relevant laws and administrative rules, and in the light of the actual circumstances of Pudong New Area.

Article 2

These Provisions apply to the activities relating to the building construction or renovation projects, and the supervision and administration thereof, conducted under the architect accountability system within the administrative region of Pudong New Area.

The "architect accountability system" in these Provisions means a work mode under which an architect who serves as the lead designer or chief designer of a construction project (hereinafter referred to as "the responsible architect"), in reliance on a design firm the said architect is associated with, establishes a team and, under the guidance of the schematic design and together with the team, provides engineering design, technical consultation throughout the whole process, and management services for the developer.

Article 3

The People's Government of Pudong New Area shall intensify the reform in the architectural and construction sector, research on and formulate relevant policies and measures, and coordinatively promote the relevant work on the implementation of the architect accountability system.

The construction administration of this Municipality is responsible for providing professional guidance on the work relating to the architect accountability system, and the construction administration of Pudong New Area is responsible for specifically implementing the architect accountability system within its administrative region.

The departments of development and reform, finance, planning and natural resources, housing administration, transport, landscaping and city appearance, national defense mobilization, and public security of this Municipality and Pudong New Area collaboratively implement these Provisions according to their respective duties and responsibilities.

Article 4

The architect accountability system shall be adopted in the following projects in which all or part of the investment comes from the State-owned funds of Pudong New Area:

1. new construction projects of a certain scale in the fields of education, scientific research, culture, health, and sports;

2. restoration projects of excellent historical buildings; 

3. and construction projects with special requirements for architectural art forms or functions.

The specific type and scale of the projects prescribed in the preceding Paragraph are determined by the People's Government of Pudong New Area.

The architect accountability system is encouraged to be adopted in other construction and renovation projects.

Article 5

A responsible architect shall have the qualification of a Class I Registered Architect, have been engaged in architectural project design or related business for ten years or above, and have served as the project leader for a certain number of architectural design projects with a certain scale.

An overseas architect who meets the relevant requirements, such as professional qualification, years of engagement in the relevant business, and professional experience, may serve as a responsible architect after being filed with the construction administration of Pudong New Area. The services and forms of services provided by an overseas architect who serves as a responsible architect shall conform to the relevant provisions of the State.

The specific provisions of the preceding two Paragraphs are to be separately formulated by the People's Government of Pudong New Area.

Article 6

A developer shall, after fully considering such factors as the quality requirements for the buildings and the professional experience, expertise, and management ability of the responsible architect, select a better responsible architect and, according to the requirements of these Provisions, enter into a contract with the design firm the architect is associated with, stipulating the content and requirements of the services to be provided by the responsible architect.

The responsible architect will, according to the contract between the design firm the said architect is associated with and the developer (hereinafter referred to as "the Contract"), establish a responsible architect team, which may consist of professional designers such as those with expertise in architecture, structure, mechanical and electrical engineering, and landscape design, and professional technicians such as those with expertise in planning consultation and project management.

Article 7

The responsible architect team shall abide by laws, rules, and professional ethics, protect the lawful rights and interests of the developer and social public interest, and carry out business activities and provide designing, consultation, management, and other professional services according to the Contract.

The design firm shall establish a management system commensurate with the architect accountability system, and provide support and guarantee for the responsible architect to establish a team and carry out business activities.

The developer shall respect the professional comments of the responsible architect, specify the responsibilities, process, and methods of management of the responsible architect team in such contracts as the design, construction, and supervision contracts, and provide support and facilitation for the team to conduct business activities.

Article 8

In the stage of land transfer or land grant, where the architect accountability system is adopted, such fact shall be specified in the contract for the paid use of land or the written opinion on land planning of the construction project.

Article 9

In the construction project information submitted by the developer to the construction administration in accordance with the provisions, it shall be specified whether the architect accountability system is adopted.

Article 10

The responsible architect team shall undertake the schematic design.

Where the responsible architect team also undertakes the subsequent preliminary design and construction documentations, it shall present the corresponding design products and be responsible for the quality of the design.

Where the responsible architect team only undertakes the schematic design, it shall issue technical comments on the subsequent preliminary design and construction documentations of the firms conducting subsequent designs, and guide them to implement the schematic design. The firms conducting subsequent designs shall analyze and give feedback on the comments of the responsible architect team, and be responsible for the quality of the designs.

Article 11

The developer shall, with the assistance of the responsible architect team, carry out the bidding activities in relevant stages such as the stages of design, construction, or supervision, as well as the procurement of materials and equipment. The responsible architect team shall participate in the preparation of the relevant bidding and procurement documents, clarify the technical specifications and standard requirements of the project, as well as the specifications, performance, and other technical indicators of the relevant materials and equipment, and carry out other work on bidding and procurement management according to the Contract.

In the bid evaluation committee established by the developer, the responsible architect or one of the team members designated thereby shall participate in the relevant bid evaluation work as a technical expert for bid evaluation, unless a recusal is required by law.

Article 12

The responsible architect team shall guarantee the necessary on-site time at the construction site, guide and urge the construction firm to follow the requirements of the design documents, and coordinatively solve design problems encountered during construction.

The responsible architect team shall participate in the inspection of completion of the key points marked in construction documents, as well as completion of subdivision projects and unit projects, and issue corresponding technical comments thereon. The construction firm shall analyze and give feedback on such technical comments provided by the responsible architect team.

Article 13

Where a project undergoes completion inspection, the responsible architect shall be included as a member in the completion inspection group established by the developer. The responsible architect shall make technical evaluations on such aspects as the engineering design, the quality of the construction, and the quality of equipment installation.

Before a developer requests a comprehensive inspection upon completion of a project, the responsible architect shall issue technical comments on the completion inspection of the professional matters to be inspected by the departments of transport, landscaping and city appearance, national defense mobilization, and public security.

Article 14

The relevant administrative departments shall simplify the procedures and optimize the examination and approval process for the projects where the architect accountability system is adopted.

Where a responsible architect promises that the planning part of the construction documentations is consistent with the approved construction project design upon the time the planning and natural resources department issues the permit for the construction project plan, technical review will not be conducted any more.

Where a responsible architect promises that the construction documentations meet the requirements of laws, rules, regulations, and the mandatory standards upon the time the construction administration issues the construction permit for a construction project, the qualification certificate of the construction documentations are no longer required to be submitted.

Upon the time the departments of transport, landscaping and city appearance, national defense mobilization, or public security issues a completion inspection approval document or a document permitting for use, where the developer presents the responsible architect's technical comments on the completion inspection, on-site verification will not be conducted any more. A relevant department that deems it really necessary to conduct on-site verification shall make it clear and inform the developer thereof in advance.

Article 15

Pudong New Area will establish a service pricing mechanism commensurate with the services to be provided by the responsible architect teams.

For a project where the responsible accountability system is adopted, the service fee charged by the responsible architect team shall be listed as a corresponding fee in the investment budget based on the services to be provided.

Article 16

Insurance institutions are encouraged to develop insurance products commensurate with the architect accountability system.

Design firms and the responsible architects are encouraged to purchase relevant insurance to enhance their ability to protect against the risks in their practices.

Article 17

Pudong New Area promotes the interaction of the architects, planners, appraisers, and other relevant professionals in the sector of urban renewal to provide technical supports and services for urban renewal.

When selecting a responsible architect for the subsequent parts of the project, a developer is encouraged to give priority to considering the architects who participate in the interaction work.

Article 18

The departments of construction, planning and natural resources, transport, landscaping and city appearance, national defense mobilization, and public security of this Municipality and Pudong New Area shall, according to their respective duties and responsibilities, strengthen the in-process and ex post supervision, check whether the promises made by the responsible architects based on these Provisions and the technical comments issued thereby on the completion inspection are true, and investigate and resolve the relevant problems in a timely manner.

The construction administration of this Municipality and Pudong New Area shall, in coordination with other relevant departments and according to the provisions of the State and this Municipality, collect the relevant credit information of the firms and individuals in the activities of the architect accountability system onto the municipal public credit information service platform, and take measures in accordance with law for awarding honesty and punish dishonesty.

Article 19

The construction administration of Pudong New Area shall establish an evaluation system for the implementation of the architect accountability system, specify such matters as the methods, standards, and procedures of the evaluation, and improve the relevant supporting measures.

Article 20

Where there are laws and rules providing for punishing the acts which are in violation of these Provisions, such provisions shall be followed.

Article 21

Where an overseas architect conceals information or provides false materials upon filing, the construction administration of Pudong New Area shall cancel the filing and may not accept its re-filing.

Where a promise made or a technical comment on the completion inspection issued by a responsible architect is clearly inconsistent with the facts or untrue, the construction administration or the department of planning and natural resources shall, according to their respective duties and responsibilities, impose a fine of not less than 10,000 yuan but not more than 100,000 yuan on the offender, and the offender may not serve as a responsible architect in the subsequent three years. Where the circumstance is serious, a fine of not less than 100,000 yuan but not more than 300,000 yuan shall be imposed on the offender, and the offender may never serve as a responsible architect.

Article 22

Where a promise made or a technical comment on the completion inspection issued by a responsible architect is obviously inconsistent with the facts or untrue owing to the fact that it is made or issued under express or implicit instructions of the developer, the construction administration or the department of planning and natural resources shall, according to their respective duties and responsibilities, impose a fine of not less than 200,000 yuan but not more than 500,000 yuan on the developer.

Article 23

Where a responsible architect causes property loss or personal injury to others in the course of performing the architect's work, the design firm the architect is associated with shall be liable in accordance with law, and the design firm that has assumed the liability may, in accordance with law, claim indemnification against the responsible architect.

Article 24

These Provisions shall be applied mutatis mutandis to the municipal infrastructure, landscaping, and other relevant projects within Pudong New Area where the architect accountability system is adopted.

These Provisions shall be applied mutatis mutandis to the relevant projects within Lin-gang Special Area of China (Shanghai) Pilot Free Trade Zone (the part outside Pudong New Area) where the architect accountability system is adopted.

Article 25

These Provisions shall be effective as of January 1, 2025.