Notice on Issuing the Measures for the Supervision of Construction Periods for State-Owned Construction Land in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

This English translation is for reference only. The Chinese version shall prevail in case of any inconsistencies.

Notice on Issuing the Measures for the Supervision of Construction Periods for State-Owned Construction Land in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

All relevant departments,

Measures for the Supervision of Construction Periods for State-Owned Construction Land in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin has been approved by the Executive Committee of the Cooperation Zone, and are hereby issued to you for careful implementation. Should any issues arise during implementation of these measures, please directly report the issues to the Urban Planning and Construction Bureau of the Cooperation Zone.

Urban Planning and Construction Bureau of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

January 25, 2024

Normative Document No. 1/2024 by the Urban Planning and Construction Bureau

Measures for the Supervision of Construction Periods for State-Owned Construction Land in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

Article 1.

Purpose of the Measures

To further enhance the supervision of construction periods for state-owned construction land in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin and promote the efficient and intensive use of land, these Measures are formulated in accordance with the Land Administration Law of the People’s Republic of China, the Master Plan for the Construction of Guangdong-Macao In-Depth Cooperation Zone in Hengqin, the Announcement by the Executive Committee of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin on the Responsibilities of Various Working Agencies, the Measures for the Administration of State-Owned Land Supply in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin, and other relevant laws, regulations, and normative documents, in consideration of the practical circumstances of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin.

Article 2.

Scope of Application

These Measures apply to the supervision of construction periods for state-owned construction land supplied in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Cooperation Zone”), including the timelines for commencement and completion of construction.

Article 3.

Definition

For the purposes of these measures, the definitions of the following terms are as follows:

1. Commencement of Construction refers to the obligations that the land use rights holder shall fulfill according to the land supply contract or the decision document for allocation. For construction land projects requiring a construction permit, the land use rights holder or construction unit shall lawfully obtain a “Construction Permit for Engineering Projects” and shall have commenced substantial construction on-site in accordance with the design drawings, including activities such as foundation or soft soil treatment, excavation, foundation pit excavation, and piling. For projects that do not require a construction permit, the land use rights holder shall obtain relevant certification documents and shall have commenced substantial construction on-site;

2. Completion of Construction refers to the obligations that the land use rights holder shall fulfill according to the land supply contract or the decision document for allocation, including completing the main structural works and exterior decoration of the entire construction project. Completion is verified by obtaining the corresponding quality acceptance records (substantial completion) and on-site verification by the land management department of the Urban Planning and Construction Bureau of the Cooperation Zone or by obtaining a qualification certificate for planning conditions compliance for the entire land parcel or a filing certificate for construction project completion, as required by law;

3. Primary Use refers to a single designated use within a comprehensive land parcel, where the gross floor area allocated to that use exceeds fifty percent of the total gross floor area; and

4. Major Industrial Project refers to projects with an investment amount of no less than RMB 10 billion for domestic investment or USD 1 billion for foreign investment.

Article 4.

Standards for the Establishment of Construction Periods for Residential Land

Construction on residential land shall commence within twelve months from the date of land delivery and be completed within thirty-six months from the agreed commencement date.

Article 5.

Standards for the Establishment of Construction Periods for Other Granted Land

For granted land other than residential land, construction shall commence within twelve months from the date of land delivery. The completion period, calculated from the agreed commencement date, shall be determined according to the following standards:

1. Determined by building height and building area, as detailed in Table 1:

Table 1: Completion Period Table
Building Height	Calculation of Gross Floor Area (L)	Completion Period (M)	Interpolation Method for Completion Period
< 200 meters	L < 30,000 square meters	Thirty months	(1) For a gross floor area L between 30,000 and 50,000 square meters, the corresponding completion period is calculated using the interpolation method, as detailed in the formula: M=M1+(M2−M1)×(L−L1)/(L2−L1). (2) For a gross floor area L between 50,000 and 80,000 square meters, the corresponding completion period is calculated using the interpolation method, as detailed in the formula: M=M2+ (M3-M2)×(L-L2) / (L3-L2).
	L=30,000 square meters (L1)	Thirty months (M1)
	30,000 square meters < L < 50,000 square meters	Calculated according to the interpolation method
	L=50,000 square meters (L2)	Thirty months (M2)
	50,000 square meters < L < 80,000 square meters	Calculated according to the interpolation method
	L=80,000 square meters (L3)	Forty-two months (M3)
	L > 80,000 square meters	Forty-two months

2. For construction land projects with underground spaces, the completion period shall be extended based on the maximum footprint area of a single basement and the number of basement levels, as detailed in Table 1, Table 2, and Table 3. If a single basement has a footprint of no less than 20,000 square meters and consists of at least two levels, the additional completion periods may be cumulatively calculated.

Table 2: Additional Completion Period for a Single Basement with a Footprint Area Exceeding 20,000 Square Meters
Number of Basement Levels (N)	Maximum Footprint Area of a Single Basement (S)	Additional Period for Completion (Months)	Notes
N= 1 level	20,000 square meters ≤ S < 50,000 square meters	3	For multiple basements, the footprint area of the largest basement shall prevail, and the areas of multiple basements shall not be cumulatively considered.
N≥ 2 levels	20,000 square meters ≤ S < 30,000 square meters	4
	30,000 square meters ≤ S < 40,000 square meters	5
	40,000 square meters ≤ S < 50,000 square meters	6

Table 3: Additional Completion Period for Basements with 2 or More Levels
Number of Basement Levels (N)	Additional Period for Completion (Months)	Notes
N≥ 2 levels	3× (N-1)	For a single-level underground structure, a pit depth of ≥ 8 meters shall be considered equivalent to 2 levels, and a depth of ≥ 12 meters shall be considered equivalent to 3 levels.

3. For construction land projects with unique challenges, such as buildings with a height of no less than 200 meters, large-span venues (spanning no less than 75 meters), or single basements with a footprint of no less than 50,000 square meters, as well as projects employing new technologies, processes, materials, or equipment, and major industrial projects, the construction period may be reasonably determined through expert evaluation.

Article 6.

Standards for the Establishment of Construction Periods for Comprehensive Land Use

For granted land that includes both residential and other uses, the construction period shall be determined in accordance with the provisions of Article 4 or Article 5, depending on the primary use of the granted land.

Article 7.

Extension of Construction Period for Soft Soil Treatment Projects

Table 4: Additional Construction Period for Soft Soil Treatment
Area of Soft Soil Treatment Land (S)	Additional Period for Completion	Notes
S < 30,000 square meters	Four months	(1) If only a portion of the total land area undergoes soft soil treatment, the extension period shall be calculated based on the proportion of the treated area to the total land area. (2) The land use rights holder shall submit relevant construction documentation for soft soil treatment in accordance with the requirements specified in Attachment 2 when applying for the extension.
30,000 square meters ≤ S < 80,000 square meters	Five months
S ≥ 80,000 square meters	Six months

Due to complex geological conditions, where soft soil treatment has been conducted, the land use rights holder may apply for an extension of the construction period in accordance with

the following standards.

Article 8.

Development Obligations of Land Use Rights Holders

Land use rights holders shall undertake construction in compliance with the commencement and completion periods stipulated in the land supply contract or allocation decision and shall promptly report the project’s commencement, completion, and other progress updates to the Urban Planning and Construction Bureau of the Cooperation Zone. The Urban Planning and Construction Bureau may, based on land use rights holders’ reports and the findings from on-site inspections, publicize the construction progress of the projects on its official website as deemed necessary.

Article 9.

Conditions for Extension of Construction Period for Granted Land

If the development period stipulated in the granted land contract is inconsistent with the provisions of these Measures, the contract shall prevail. However, if land use rights holders are unable to commence or complete the project within the contractual period due to conditions specified in Articles 4, 5, and 7 of these Measures, they may apply for an adjustment of the construction period in accordance with these Measures.

In addition, land use rights holders may apply for an extension of the construction period if they are unable to commence or complete the project on time due to the following reasons, provided the granted land is not classified as idle:

1. The grantor does not deliver the land to the land use rights holder within the contractual period and conditions in the granted land contract, affecting the conditions required for project commencement;

2. Modifications to the overall land use planning, urban-rural planning, or territorial spatial planning necessitate changes to the land use or planning conditions for the construction project;

3. Policies issued by competent authorities require revisions to the agreed planning and construction conditions or increase the time needed for administrative approvals;

4. Delays or suspensions caused by military control, cultural relic protection, or other related factors;

5. Issues arising from land acquisition, land adjustment, or other actions by competent authorities;

6. Traffic restrictions or suspensions during major events, conferences, activities, or special holidays, as well as safety inspections unrelated to the enterprise itself;

7. Suspensions caused by the construction activities of adjacent projects;

8. Delays due to regional industrial development policy guidance or the inherent characteristics of the industry;

9. Delays or suspensions caused by natural disasters, judicial seizures, or other force majeure events; and

10. Any other lawful reasons that justify an extension of the construction period.

Article 10.

Application for Extension of Construction Period for Granted Land

If the granted land meets the conditions specified in Article 9 of these Measures and cannot commence or complete construction on time, the granted land use rights holder shall submit a construction period extension application to the Urban Planning and Construction Bureau of the Cooperation Zone within three months prior to the expiration of the commencement or completion deadlines, along with relevant supporting documents. If the land use rights holder submits a construction period extension application after the commencement or completion deadline, and it is determined that the extension conditions are met upon review, the extension period shall be reduced by the time from the date of the breach to the date the extension application is formally delivered to the Urban Planning and Construction Bureau of the Cooperation Zone.

Article 11.

Review of Extension of Construction Period for Granted Land

The Urban Planning and Construction Bureau of the Cooperation Zone shall be responsible for reviewing the factual circumstances and reasons for the construction period extension submitted by the land use rights holder in accordance with the provisions of these Measures. If necessary, an expert meeting may be organized to use expert opinions as a reference for fact verification and extension of the construction period.

For major industrial projects specified in Article 5, Item 3 of these Measures and those meeting the conditions outlined in Article 9, Paragraph 2, Item 8 of these Measures, the Urban Planning and Construction Bureau of the Cooperation Zone, in collaboration with the competent industry authorities for large-scale industrial projects, shall jointly organize an expert meeting for evaluation, using expert opinions as a reference for extending the construction period.

Article 12.

Approval of Extension of Construction Period for Granted Land

When a land use rights holder applies for an construction period extension, the Urban Planning and Construction Bureau of the Cooperation Zone shall review and verify the application, complete the approval process, and notify the land use rights holder of the results in writing or sign a supplemental agreement to the granted land contract with the land use rights holder.

If the extension of the commencement period for the granted land is approved, the completion deadline shall be correspondingly extended.

Article 13.

Penalty System for Breach of Contract

Except for the circumstances specified in Article 9 of these Measures, if a granted land use rights holder fails to commence or complete construction on time, they shall pay a penalty of 0.05% of the total granted land price for each day of delay, as stipulated in the granted land contract (agreement).

For granted land designated for phased development, if the granted land use rights holder fails to complete construction within the scheduled timeframe, the penalty shall be calculated based on the proportion of the gross floor area not completed on time to the total gross floor area that should have been completed, the number of delayed days, and the penalty rate specified in the preceding paragraph.

If the constructed gross floor area does not meet the maximum allowable gross floor area specified in the granted land contract (agreement), the granted land use rights holder may, upon application and verification of completion, apply for construction using the remaining allowable construction indicators. However, if the newly constructed project exceeds the contractual period specified in the granted land contract or these Measures, the granted land use rights holder shall pay a completion breach penalty as stipulated in the preceding paragraph.

For delays in commencement or completion, the penalties shall be enforced according to the standards specified in the granted land contract. If no specific provisions are outlined in the contract or its supplementary agreements, the penalties shall be executed according to the standards stipulated in these Measures.

Article 14.

Breach Review and Handling

Except for the circumstances that may qualify for construction period extensions as specified in Article 9 of these Measures, if the granted land use rights holder fails to commence or complete construction on time due to their own reasons, the Urban Planning and Construction Bureau of the Cooperation Zone shall calculate the breach penalty based on the stipulations of the granted land contract and the provisions of Article 13 of these Measures, holding the granted land use rights holder accountable for breach of contract.

After the granted land use rights holder pays the full amount of the commencement breach penalty on time, the Urban Planning and Construction Bureau of the Cooperation Zone shall extend the commencement deadline by the number of days equivalent to the breach, with the completion deadline extended accordingly. In the case of completion breach, after the granted land use rights holder pays the full completion breach penalty, the Urban Planning and Construction Bureau of the Cooperation Zone shall extend the completion deadline by the number of days equivalent to the breach.

Article 15.

Extension Administration for Allocated Land

If state-owned construction land supplied through allocation cannot commence or complete construction on schedule, the land use rights holder shall submit an construction period extension application to the Urban Planning and Construction Bureau of the Cooperation Zone. The Bureau may process the extension by referring to the reasons specified in Article 9, Paragraph 2 of these Measures.

Article 16.

Extension Administration for Land Supplied by Other Means

For state-owned construction land supplied through other compensated means, if an extension is required or in cases involving breach of contract, the relevant provisions of these Measures regarding granted land shall apply. For state-owned construction land supplied without compensation, if an extension is required, the relevant provisions of these Measures regarding allocated land shall apply.

Article 17.

Disposal of Idle Land

If a land use rights holder fails to commence development within the period specified in the land supply contract or the allocation decision and is deemed to constitute idle land, disposal shall be conducted in accordance with the relevant laws, regulations, and normative documents governing idle land.

Article 18.

Right of Interpretation

These meaures shall be interpreted by the Urban Planning and Construction Bureau of the Cooperation Zone.

Article 19.

Consistency with Previous Measures

If a land use rights holder applies for an extension of commencement or completion within the validity period of the Measures for the Supervision of the Construction Period for Transferred Land in Hengqin New Area and the Expanded Integrated Region (For Trial Implementation) and the Urban Planning and Construction Bureau has accepted and is processing the application, it shall be handled in accordance with the aforementioned measures. If the land use rights holder applies for an extension of commencement or completion after the Measures for the Supervision of the Construction Period for Transferred Land in Hengqin New Area and the Expanded Integrated Region (For Trial Implementation) have expired but before the implementation of these Measures, and the Bureau has accepted and is processing the application, it shall be handled in accordance with these Measures.

Article 20.

Implementation Date

These Measures shall come into effect on February 5, 2024, and remain valid for a period of five years.

Appendices:

1. Tracking Management Card for Construction Project Land

2. Application Form for Extension of Construction Period for Construction Project Land

3. Expert Meeting Administration System for Construction Period Supervision of State-owned Construction Land in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

Attachment 1:

Tracking Administartion Card for Construction Project Land

Land Use Rights Holder:
Location of Land:
Approval Number:			Contract Number:
Attendance Records		Attendance Time	Development Status	Attendee Signature
	Commencement of Construction
	Routine Inspection


	Completion
	Contractually Agreed Information		Actual Development and Utilization Status
Commencement Date
Completion Date
Land Area (Hectares)
Floor Area Ratio
Land Use
Investment Intensity (Ten Thousand Yuan/ Hectare)
Signatures of All Parties Involved in Acceptance

Note: This form is used to record the on-site inspection of construction project land.

Attachment 2:

Application Form for Extension of Construction Period for Construction Project Land

Basic Information
Engineering Name		Land Use Rights Holder		Land Area (Square Meters)		Construction Progress

Parcel Number/Contract Number		Maximum Building Height (Meters) (Meters)	Number of Basement Levels:		Soft Soil Treatment Area (Square Meters)		Maximum Footprint of a Single Basement (Square Meters)

Construction Period Extension Request
Construction Phases		Contractual Period		Requested Period		Requested Extension Period (Days/Months)
Commencement of Construction
Completion of Construction
Details of Extension Factors
No.	Extension Factor and Impact Level			Supporting Documents		Start and End Time of Impact Factors		Actual Impact Period (Days/Months)
1
2
3
4
5

Applicant Unit (Official Seal):

Application Date:

Instructions:

1. This form is used by land use rights holders to apply for an extension of the construction period and serves as an attachment to the extension application documents.

2. Fill in Project Name, Land Use Rights Holder, Land Area, Construction Progress, etc., according to actual circumstances. Fill in Maximum Building Height, Number of Basement Levels, Soft Soil Treatment Area, and Maximum Footprint of a Single Basement as specified in the relevant approval documents.

3. For Contractual Period, refer to the granted land contract or any approved extension period.

4.For Requested Period, specify the exact dates for which an extension is being requested for the commencement and completion phases of construction.

5.For Requested Extension Period, specify the time difference between the Contractual Period and the Requested Period.

6. For Extension Factor and Impact Level, provide details based on actual circumstances, with reference to the factors listed in Article 9.

7.For Start and End Time of Impact Factors, specify the period in the format “MM/DD/YYYY to MM/DD/YYYY”. If exact dates are unknown, provide details at least down to the month (e.g., MM/YYYY).

8. Supporting Documents include:

(1) For extensions due to force majeure, submit the following documents:

① Meeting minutes from the five parties (construction unit, contractor, designer, surveying unit, and supervision unit) regarding the impact of natural disasters on construction delays; ② Project resumption plan; ③ On-site photos taken during the period of natural disaster impact; ④ Resumption inspection form issued by the construction authority; and ⑤ Construction logs and supervision logs covering the natural disaster impact period. ⑥ If the delay is caused by strikes, riots, or other social disturbances, provide documentation issued by the local public security authorities.

(2) For extensions due to administrative actions, provide the following materials based on the specific circumstances:

① If affected by municipal projects (e.g., roads, drainage channels) or overlapping construction of neighboring projects, submit correspondence or meeting minutes between the land use rights holder and the construction party, or proof documents issued by third-party authorities or related entities. These shall detail the specific impact scope and period.

② If construction is delayed due to traffic restrictions during major events, conferences, activities, or special holidays, or if construction is suspended due to inspections unrelated to the enterprise itself, assist the Urban Planning and Construction Bureau in collecting restriction or suspension notices issued by relevant authorities.

③ If amendments to the overall land use planning, urban planning, or territorial spatial planning necessitate changes to the land use or planning conditions for the project, assist the Urban Planning and Construction Bureau in collecting amendment documents or meeting minutes as proof.

(3) If the land use rights holder or the authorized construction unit has implemented a soft soil treatment method, and if the treatment method is vacuum preloading (including vacuum combined surcharge preloading) or other methods recognized by industry experts, submit the relevant construction contracts and acceptance documents for extension application.

(4) For delays caused by judicial seizure, provide judicial rulings, orders, or other official documents.

(5) For other cases, submit documents required by applicable laws and regulations.

Attachment 3:

Expert Meeting Administration System for Construction Period Supervision of State-owned Construction Land in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

When granted land meets the conditions specified in Article 11 of the Measures for the Supervision of Construction Periods for State-Owned Construction Land in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Measures”), and when deemed necessary by the Urban Planning and Construction Bureau of the Cooperation Zone, an expert meeting may be convened. The opinions formed during the meeting may serve as important references for the Bureau in processing granted land construction period extension applications or determining relevant facts. The specific workflow is as follows:

I. Meeting Organization

1. Meeting Initiation. If a granted land use rights holder applies for an extension of construction period due to natural disasters, impacts from adjacent projects, or other circumstances specified in the Measures, and the Urban Planning and Construction Bureau determines that expert consultation is required regarding the extension reasons or facts, an expert meeting may be initiated. For situations under Article 11, Paragraph 2 of the Measures, the Bureau shall jointly initiate the meeting with the relevant industry supervisory department for the project under review.

2. Selection of Experts. Based on the matters requiring review, 3 to 5 relevant industry experts shall be randomly selected from the expert database established by the Urban Planning and Construction Bureau or relevant industry supervisory departments to form an expert group. The list of experts shall remain confidential from the granted land use rights holder, with confidentiality maintained from the time the list is finalized until the meeting is held.

3. Meeting Participants. The meeting shall be presided over by the initiator and attended by the expert group and responsible personnel from the granted land use rights holder. For reviews involving fact verification, the expert meeting may be conducted on-site at the construction project location. Depending on the specific needs of the review, neighboring project or municipal facility construction units and relevant supervisory departments may be invited to attend.

4. Meeting Material Preparation. The granted land use rights holder shall adequately prepare supporting materials for their extension requests before the meeting. These materials shall be ready for presentation and review by the experts during the meeting.

5. Meeting Invitations. Once the time and location of the expert meeting are determined, the Urban Planning and Construction Bureau shall send meeting invitations to the selected experts and notify the granted land use rights holder to attend.

II. Meeting Proceedings

1. Meeting Content.

The expert group \shall primarily address the following:

(1) Evaluating and inferring the causal relationship between the land use rights holder’s extension request and the delay in the construction project timeline.

(2) Providing recommendations on the duration of the construction period extension affected by relevant factors.

(3) For reviews involving fact verification, the expert group shall provide conclusions on the facts to be established.

2. Meeting Process.

(1) The expert group will review the materials provided by the land use rights holder for each specific case.

(2) At the beginning of the meeting, the land use rights holder and associated units shall present a summary of the land usage situation,

challenges faced during the construction process, and the requested extension period, supported by relevant documentation. The expert group shall inquire further to understand specific details based on the presentation.

(3) After inquiries and reviews, the land use rights holder and relevant parties shall leave the meeting, allowing the expert group to deliberate and produce written opinions on-site. If insufficient materials or unclear statements from the land use rights holder prevent the expert group from forming an opinion, a second expert meeting shall be organized. Should the land use rights holder decline a second meeting, or if insufficient information is provided again, resulting in no definitive conclusions, the extension request shall be rejected.

(4) In principle, one expert meeting is held for each extension request to determine the extension period. However, for complex or contentious cases, a second meeting may be held. Experts for the second meeting shall be re-selected in accordance with the provisions in Article I, Paragraph 2 of this System. The Urban Planning and Construction Bureau may integrate the outcomes of both meetings to inform their decision.

(5) For cases requiring fact verification, the land use rights holder shall propose a date for verification. The Urban Planning and Construction Bureau, along with the expert group, shall visit the site on the specified date to assess the situation and draw conclusions. If the facts do not align with the land use rights holder’s application (e.g., facade decoration incomplete), the holder shall submit a new application after rectification.

III. Expert Fees

Expert fees shall be transferred and paid by the Urban Planning and Construction Bureau in accordance with relevant standards, with applicable taxes and fees remitted on behalf of the experts.