June, 2012 Journal of Resources and Ecology Vol.3 No.

2
J. Resour. Ecol. 2012 3 (2) 183-191
Report
DOI:10.5814/j.issn.1674-764x.2012.02.011
www.jorae.cn

To Promote Green Buildings in China: Lessons from the USA and EU

DENG Minzhen1,2*

1 East China University of the Political Science and Law, Shanghai 200042, China;
2 The Financial Law Research Center, Guangdong University of Finance, Guangzhou 510521, China

Abstract: Buildings have contributed to the energy shortage, pollution and global climate change. To
promote green buildings is the way access to the sustainable development. Currently, China has issued
some regulations and systems to boost the green building. However, problems lie in China and the
systems are not effective. USA and EU have rich experiences and fairly sophisticated legislation and
policies to develop green building. China may get some lessens from these countries. This paper will
make an overview of legal framework and main system of green building in China, then, analyses some
important legal systems and typical case related green building in the USA and EU. Further, problems
were pointed out in the China based on the comparative analysis of these countries. Lastly, according
to the condition in China and lessons from USA and EU, this paper will put some suggests to promote
green building, such as, take some measures to enhance the awareness of the stakeholders, create multi-
incentive tools and so on.

Key words: green building; civil building; stated-funded institution; Leadership in Energy and Environment
Design (LEED)；Directive on Energy Performance of Buildings（EPBD）

consumption of building in China will not only benefit

1 Introduction
Buildings are a major source of pollution. The numbers tell
the story: the construction of buildings consumes more than
half the materials we gather from nature and half the world’s
energy. The pollution from buildings, including air, light,
and electromagnetic pollution, accounts for 34 percent of
total environmental pollution. Buildings are the source of 45
percent of the waste produced by human activity. In United
Kingdom, nearly 50 per cent of the energy consumption and
carbon emissions arise from the way our buildings are lit,
heated and used (Communities and Local Government 2012)
China’s construction market, the biggest in the world,
builds nearly half the world’s total new buildings every year,
creating approximately 2 thousand million square meters of
floor space annually (The Officer of the office of Legislative
Affairs and the Ministry of the Construction 2008). In 2008,
the construction and building materials consume 27.5 percent
of total energy use in China (Wang 2010). By 2020, that
number will increase to 40 percent of China’s total energy
consumption (Pasternack 2008).
The building sector has significant untapped potential
for cost-effective energy savings. Decreasing the energy
Chinese citizens and the generations to come, but contribute
to the welfare of the rest of the world. What can be done to
reduce the energy consumption and environmental impact of
buildings in China? One answer is green construction.
In a narrow sense, the green building, also known as
a high-performance building, meets the green building
certification requirements and receives the corresponding
rating for which it qualifies. Since the culture and
geographical conditions vary from one country to another,
the rating system and standards are also different for each
country. The definition, content and even the name vary.
However, in a broad sense, the green building simply
incorporates the sustainable theory to the building practices.
This primarily involves the design, construction, and
operation in ways that use less energy, reduce environmental
impact and improve quality of life for those who live or work
in the building or surrounding communities. For example,
China defined green building as: that which saves resources,
including energy, land, water and materials; protects the
environment; and reduces pollution to the largest extent
possible over the life of the building. The goal is to provide a
healthy, comfortable and energy-efficient space using natural,

Received: 2012-03-26 Accepted: 2012-05-14

Foundation: the key research project on the selection and application of the regulated tools [CLS(2011)B13], awarded by the China Law Society,
as well as the foundation from the United States Agency of the International Development, awarded by the Vermont Law School.
* The author: DENG Minzhen. Email: dmz82@163.com.
184
harmonious construction. Green construction is an inherent
requirement to conserve energy of buildings.
Is there any legal approach China can take to promote
green building in the broad sense, when compared with
the legal system in USA and EU related to green building?
What steps may China take to promote green building in the
future? For informational purposes, this paper will review
the current legal system to promote green building in China,
and then point out some related and distinct aspects of the
legal system to promote green building in the USA and EU.
Lastly, this paper will propose some measures to further
green building in China. Since the content is restricted, this
article just introduces the most important or similar aspects
of the systems in USA and EU.
2 Legal approach of green building in China
2.1 The overview of legal framework of green building
in China
To address the energy production issue, China has launched
a wave of legislation about green building since 2005. On
October 28, 2005, The Ministry of Construction (Hereafter
the MOC) created Provisions on the Administration of
Energy Conservation for Civil Building, which came into
force on January 1, 2006.
As energy consumption became more serious and
China saw increasing CO2 emissions, the country revised
its Energy Conservation Law in 2007, adding critical
guidelines about energy-efficient construction. For
strengthening energy conservation in civil buildings, the
State Council issued the Energy Conservation Regulation
for Civil Building in 2008, which replaced Provisions on the
Administration of Energy Conservation for Civil Building.
The new guidelines mandated energy conservation in civil
buildings and set some related incentives encourage this.
Due to the fact that the state-funded institution is the biggest
consumer of energy, the State council issued The Energy
Conservation Regulation for State-Funded Institutions
on July 23, 2008. The system set forth in this regulation
will contribute to the energy conservation of state-funded
buildings, improve their energy efficiency and help them be
an energy conservation role model for the whole country.
Further, the Energy Conservation Law, which was amended
on October 28, 2007, confers to the Energy Conservation in
the Building Sector by law.
For conservation of resources, environmental protection
and pollution reduction to the largest extent possible, a
green building rating system was outlined in Administrative
Measure upon Green Building Certificate Label on August
21, 2007, which shapes a legal framework and definition of
green building. These administrative measures incorporated
other legal documents, including Guideline to the green
building technology, Estimate standard of green building,
Detailed rules on the estimate technology of the green
building, Detail rules upon the implement of the green
building certificate label, and Working rules upon the expert
commission on the green building certificate (trial) and so
Journal of Resources and Ecology Vol.3 No.2, 2012
on. In the local level, Tianjin City, Chongqing City, Jiangxi
Province, as well as Fujian Province have issued the local
estimate standard of green building since 2009. In practice,
the MOC had organized fourteen times rating actives of
green building till October 9, 2011. And more than 70
programs were labeled as green building (MOC Bulletin
2011).
According to the legal framework of green building,
China mainly uses several key legal approaches to
addressing the energy issues. First, establish the mandate
standard for the energy conservation of civil building
construction. Second, strengthen the energy conservation
of the state-funded building. Third, set some incentives
to promote the energy conservatio of civil building
construction. Lastly, develop a green building rating system
to encourage energy-efficient construction.
2.2 The mandate standard of energy conservation on
civil building
The MOC are required to establish the national standard
of civil building (that is the building not used for
industry, including residential and public building) energy
conservation, and a more stringent local standard of civil
building energy conservation is encouraged.
The designing, building and supervisory entities of
construction projects shall abide by the national standards
for construction energy conservation, otherwise, some
penalties will follow. If, after evaluation, the design
measure of civil building projects fails to meet the
mandatory standard, they will not be awarded the permit
to plan the construction project. If the energy-efficient
design documents fail to meet the mandatory standards, a
project will not be awarded the permit to construction. A
construction undertaker shall undertake the construction in
light of the design documents that meet the requirements
in the standards for undertaking energy-efficient building
construction. When the project is evaluated and accepted,
the owner should examine whether the construction meets
the mandatory standard. If not, the owner should not
submit a report to accept this project. When being sold, the
real estate developer shall announce the information such
as the energy consumption index and energy conservation
measures of the dwelling houses, and state such information
in the “Sale contract”, “Quality guarantee for the House”
and the “Directions to the Use of the Dwelling House”.
Otherwise, the development enterprise will shoulder the
civil responsibility and be imposed the administrative
responsibility by the government.
The residential buildings which failed to meet the
mandatory standard of energy conservation may perform
the energy conservation when enlarging and rebuilding the
construction. The renovation of the existing building should
meet the mandated energy conservation standard.
The official building and other public building larger
than 20 000 m2 should make an evaluation and certification
of the energy efficiency and display the outcome for the
DENG Minzhen: To Promote Green Buildings in China: Lessons from the USA and EU
public to see.
2.3 The energy conservation of the state-funded
institution
China set up special system for reducing the energy
consumption and promoting the energy-efficiency of
state-funded institution, refers to the state organs, public
institutions and incorporations which are all or partly
funded by the state treasury.
Energy consumption measurement system: A state-
funded institution shall practice the energy consumption
measurement system and distinguish between different
types of energy consumption. It shall achieve household-
based, type-based and item-based measurement of energy
consumption according to different energy use types and
systems. It shall monitor the status of energy consumption
in real time so as to find and correct energy waste acts in a
timely manner.
Quotas system on energy consumption: Energy
consumption quotas shall be worked out, based on the
average level and characteristics of energy consumption
by state-funded institutions in different industries and
systems. The public finance department shall work out
the energy consumption expense standards according to
such quotas. A state-funded institution shall use energy
within its energy consumption quota and strengthen energy
consumption expense management. If it uses energy beyond
the prescribed quota, it shall make an explanation to the
government offices.
Purchase system: State-funded institutions shall
purchase the products and equipment listed in the
government procurement list of energy-saving products
and equipment, and that of environmental labeling products
in accordance with the state provisions, on compulsory
purchase or priority purchase, and may not purchase
any energy-using product or equipment which has been
expressly forbidden by the state.
Audit system: A state-funded institution shall perform
energy auditing in accordance with the relevant provisions
so as to evaluate the technological level and economical
efficiency of its energy use systems and equipment, and
shall take measures for improving the energy use efficiency,
based on the auditing results.
Other system: The state-funded building that use air-
conditioners for heating and cooling shall implement a
system of indoor temperature control.
Beyond these systems, an objective system of
accountability and performance evaluation system shall be
practiced for the energy conservation work of a state-funded
institution. The accomplishment of energy conservation
objectives shall be taken as a basis for evaluating the
performance of the principal of the institution.
2.4 Incentive system for energy performance of building
China also promotes the entities and individuals to devote
themselves to the practices of green buildings by vary
185
supportive methods, such as monetary and financial
measure, tax preference as well as the rewards.
Monetary policy: The local government should prepare
the fiscal capitals to support the energy conservation
activities of civil building. Such as the technological
research and standard establishment of civil building, the
usage of renewable energy, and the spread of model energy
conservation project and so on.
Finance: The government shall guide the financial
institution to support such projects: energy conservation
transformation, the application of renewable energy, the
energy conservation model project of civil building and so
on.
Revenue: A priority tax will be awarded to the energy
conservation project of civil building. According to the
“Income Tax Preferential Directory of Enterprise with
Environmental Protection, Energy and Water Saving
Project” issued on December 31, 2009, the energy
conservation projects, which meet the requirement of this
directory will be awarded the priority tax.
Rewards: Entities and individuals that have made great
achievements in the energy conservation of civil building,
including state-funded institutions, shall be honored and
rewarded according to the state provisions.
2.5 Green building rating system for civil buildings
The certificate program, a voluntary system to identify
and promote green buildings, has established two types of
developments: residential building and public building. The
certificate label has two categories. One certificate is for
green building design, valid for two years and applicable
to the design and construction phase. The other certificate
is for green building, valid for three years and applicable
to construction project completion and utilization. The
green building labels will range from one star (the lowest),
two star to three star (the best). The higher the certification
level, the more environmentally-friendly and sustainable
the building design. The green building shall be rated by the
following index: saving land and the outdoor environment;
conserving energy; conserving water; conserving material
resources; improving the quality of the indoor environment,
and implementing energy-efficient operation and
management.
The green building certificate program is administered by
the MOC. The technology development central, supervised
by MOC, was authorized to manage the program in detail
and take responsibility for issuing three-star certifications.
The Green Building Certificate Administrative Office
(hereafter the GBCAO) was then established to handle the
concrete activities.
At the local level, the MOC authorizes the competent
local construction department to be responsible for
issuing one-star and two-star certifications. For better
implementation, a local green building certificate managing
institution (hereafter the LGBCMI) should be set up
by this authorized department to oversee the concrete
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certificated activities, under the supervision of the GBCAO.
The LGBCMI should make local rules to implement the
certificate program according to the Detailed Rules upon
Condition that the Certificate Label of Green Building.
Building ownership and the real estate developer can
submit the application materials to technology development
central. The GBCAO or LGBCMI will check the materials
and, if eligible, combine the professional estimates and
expert evaluation to form a verdict. The expert commission
covering seven areas: Design and architecture, fabric,
heating and ventilation, electricity and gas, timbering,
structural physics. The MOC will review and unveil the
verdict, then award and publish the star projects.
3 LEED in the USA
Like China, the USA also has a volunteer green building
rating system. However, the green building rating system
was managed and developed by a not-profit organization. As
widely accepted a couple years earlier than China’s green
building rating system, the U.S. system is more developed.
3.1 The U.S. Green Building Council and LEED
The U.S. Green Building Council (USGBC) is a non-profit
organization that consists of individuals and organizations
within the building industry. In the past several years, the
USGBC has developed a green building rating system for
new construction, existing buildings, commercial interiors,
core and shell, schools, retail facilities, healthcare facilities
and residential homes. The system assigns points based on
the following six criteria: sustainable site development;
water efficiency; energy and atmosphere; materials and
resources; indoor environmental quality, and innovation
and design process (USGBC 2002). The rating system,
known as Leadership in Energy and Environmental Design
(LEED), has become the default standard for determining
whether a building is “green”. Either the project will fail
to obtain a minimum number of LEED points and will
not receive certification, or the project will achieve one
of the following ratings: LEED-certificate(the lowest
form), LEED-Silver, LEED-Gold, or LEED-Platinum (the
highest form). LEED has more ratings than the system in
China. Some construction projects in China also register
the LEED certificate, such as the “ACCORD21 Beijing
Demonstration”, “BEKAERT Shanghai Office” and the
“EDC (Chengdu) Data Center” (achieve the LEED-Gold
certificate), as well as the “Avon Shanghai Regional RD
Center” and “Coca Cola Bottlers Dongguan Office” (achieve
the LEED-Platinum) and so on (More registered LEED
certificate project information at http://www.usgbc.org/
LEED/Project/ CertifiedProjectList.aspx).
In America, lawmakers usually take three approaches to
foster green building. The first is to require that all public
construction projects meet a particular LEED certification
level at minimum. Another approach is to create incentives,
such as grant funding or expedited construction permitting,
for developers on private projects to strive for green
Journal of Resources and Ecology Vol.3 No.2, 2012
building certification. The last and most dramatic method
of regulation is to require that all new construction projects
that exceed a certain square footage, whether private or
public, meet a particular LEED standard (Abair 2008).
3.2 Mandating green building
A large number of states and local governments have
adopted the LEED standard for public construction. The
state of Arizona requires all state-funded buildings to
achieve LEED-Silver certification. Seattle require all
newly built and majorly remodeled buildings over 5000–
square-feet to meet a minimum LEED-Silver rating, as of
February 2002 (Athens 2005). Newly-constructed city-
owned buildings in San Francisco and Oakland must obtain
LEED-Silver certification (San Francisco, Environment
Code & 707(A) (2008) & Oakland, CAL., Municipal Code
& 15.35.010 (2008)). Since LEED is a framework of all
aspects of sustainability and its points are not restricted
to concerns of energy usage, some communities have
specified that a certain number of LEED points be earned
from the energy category. This helps assure that adequate
energy improvements are included in building design and
construction.
In an increasing trend, some communities have begun
to mandate green building ratings for the larger private
building as well. This includes, for example, Albany, New
York’s requirement that private commercial projects of
10,000squarefeet or more achieve at least the minimum
level LEED-Certificate (USGBC 2010).
3.3 Incentive green building
Many local governments in the USA have developed
different incentive tools to promote green building,
especially within the private sector.
They offer grant density bonuses for buildings that
achieve a LEED rating: In Arlington, Virginia, a private
developer may apply for additional density ranging from
a minimum of 0.15 Floor Area Ratio (FAR) for a project
certified at the basic LEED level, to a maximum of 0.35
FAR for a LEED-Platinum project The program applies to
all types of building projects, including office, high rise and
residential. The builder has to obtain the LEED certificate
before being issued the certificate of occupancy. On June
13, 2006, Bar Harbor, Maine amended its municipal codes
to award a density bonus of an additional market-rate
dwelling unit for construction projects in which all dwelling
units meet LEED standards (USGBC 2010).
They offer expedited permitting: This has proven to be
an effective tool, one that a growing number of communities
have made available (Sussman 2007). San Francisco offers
priority permitting for all new or renovated buildings that
achieve LEED-Gold, or its equivalent (SFEnvironment
2006). Burbank, California issued its Green Building and
Sustainable Architecture Manual, including Burbank-
specific guidelines on a point-by-point basis with the LEED
Rating System for New Construction. Expedited permit
DENG Minzhen: To Promote Green Buildings in China: Lessons from the USA and EU
approval and reduced permit fees (5%–15%) are available
to varying degrees, based on the level of sustainability
achieved (USGBC 2010).
Some communities offer tax credits to the developer
and the purchaser of green buildings (Abair 2008) :
For instance, New Mexico provides a sustainable building
tax credit, available to construction projects in New
Mexico involving a sustainable building or the sustainable
renovation of an existing building (N.M. STAT. ANN § 7-2-
18.19 (A), 2007). The number of the tax credits depends on
the level of the LEED certification. New York offers a green
building credit to the owner of the green building, as does
Maryland (N.Y.CLS Tax § 19(2008)& MD.CODE ANN.,
TAX-GEN § 10-722, 2008).
There are a variety of other tools used by communities
to encourage green building: Sarasota County, Florida
provides a 50-percent reduction in permitting fees (Suttell
2005). New York City awards a highly-publicized green
building award annually and sponsors a major event to
give the award (EPA 2006). The USGBC also grants
some incentives. For instance, effective January 1,
2007, registration is free for all certified LEED for New
Construction, LEED for Existing Buildings, and LEED for
Core and Shell Buildings. LEED for Existing Buildings
addresses whole building operations and maintenance
practices, and will maximize a building’s performance over
time, ensuring a high return on investment (USGBC 2007).
4 EPBD in the EU
European Union involves stakeholders in the process
of developing standards to achieve green building goals
that are eventually memorialized in a legal framework
comprised of directives, Member State’s laws and local law.
4.1 The promulgation and implementation of the EPBD
The Directive 2002/91/EC/ (EPBD 2002) of the European
Parliament and Council on Energy Performance of
Buildings was adopted on December 16, 2002, after a lively
discussion at all levels and with the overwhelming support
from the Member States and European Parliament, and
was finalized on January 4, 2003. The EPBD is enacted to
meet the Kyoto commitment and respond to the issue raised
in the Green Paper on energy supply security. The main
community considers the Green Paper the centerpiece of
the EU’s energy strategy, a legal tool that outlines a holistic
approach to efficient energy use in the building sector.
The EPBD has five pillars, as follows:
(1) Member States are required to apply a methodology,
at national or regional level of calculation, of the energy
performance of buildings based on a general framework set
by the Directive.
(2) Member States will ensure the setting of minimum
energy performance standards on new buildings and the
major renovation of existing building greater than 1000m2.
Standards will be reviewed at the most every five years
to update on technical progress. Integrated standards will
187
be formulated for: insulation, heating, hot water, cooling,
ventilation, built-in lighting, heat recovery, passive&
renewable energy installations, indoor climate, position and
orientation of the building.
(3) Energy Certification of Buildings: Member States
will ensure that when buildings are constructed, sold and
rented out, an Energy Performance Certificate will be made
available to the owner or by the owner to the tenant or
potential buyer. The certification shall also include advice
on how to improve energy performance, and may, for larger
public buildings, provide for the display of the current
temperature and recommended indoor temperature. Hence,
consumers may count on clear and reliable information on
the energy performance of their buildin (EPBD 2002, Art
7/3).
(4) Boilers and air-condition systems above minimum
sizes are inspected regularly to rectify their energy
performance and CO2 emissions.
(5) Building certification and inspections should be
carried out in an independent manner by the qualified and /
or accredited experts.
This law is extremely progressive because it gradually
requires all buildings to measure their energy usage. The
EPBD impacts a great range of stakeholders: designers,
housing associations, building experts, architects, makers
of building appliances, building owners and tenants. And
of course, once people measure something, they usually try
to manage it, which should have the effect of driving down
overall energy use in the environment.
For assisting the implementation of EPBD, the EPBD
Building platform was set up to provide information
service, including the website, monthly newsletter, various
data base, EPBD information papers and the help desk
(www.buildingsplatform.eu). Several actions also launched
to support the implementation of the EPBD, such as the
“Concerted Action EPBD,” “CEN standard,” “EPBD-
related SAVE projects,” “Manage Energy,” and “Sustainable
Energy Europe” (more details at www.buildingsplatform.
eu).
The EPBD does not fix the EU-wide level, but requires
Member States to lay down the concrete requirements
and relevant mechanisms. The Member States can set
more ambitious initiatives and go beyond the minimum
requirements set in the Directive.
4.2 Implementation of the EPBD in member states: Case
study from England and Wales
EPBD had to be implemented by the EU Member States at
the latest on 4 January 2006 and requires member states to
comply with Article 7 (Energy Performance Certificates),
Article 8 (Inspection of boilers) and Article 9 (Inspection of
air conditioning systems) within three years of the inception
date, the deadline being 4 January 2009. In the UK, EPBD
was enacted in Part 5 of the Housing Act 2004. (Wikipedia
2011) Compared with the current legal system in China, the
Energy Performance Certification in EU is aggressive. This
188
paper will launch an in-depth analysis of the enforcement of
EPBD through case studies in the Member States, England
and Wales, especially the system of the Energy Performance
Certification and Display Energy Performance.
The implementation of the EPBD in England and Wales
is the responsibility of the Department for Communities
and Local Government, supported by the Department for
the Environment, Food and Rural Affairs. In October 2010,
revisions to the Building Regulations in England and Wales
were introduced, the first update for ten years. This Building
Regulations 2010 consolidate the Building Regulations
2000 and incorporate Article 3–6 and 7, 9 and 10.
4.2.1 Energy Performance Certificate
In England and Wales, requirements regarding the certificate
of building have been implemented progressively between
August 2007 and October 2008. Energy Performance
Certificates (here after “EPCs”) are produced for building
on construction, sale and rent. Domestic and non domestic
EPCs are valid for ten years. EPC data is typically collected
through site surveys using plans and specifications where
they are available.
The domestic EPC provides a rating of the building’s
overall energy performance on a scale from A to G, with
A being very efficient and G the least efficient. This is an
asset rating based on the characteristics of the building
itself, as well as its service and a standardized occupancy
profile. Domestic EPCs also contain an environmental
impact rating, which is a measure of a home’s impact on
the environment in terms of carbon dioxide emissions. In
addition, the EPC indicates a potential energy efficiency and
environmental impact if all cost-effective measures were
implemented. An average existing property is referred to as
having and an energy efficiency rating E, this contrast with
an average new house which will have at least a rating of B
(Woods 2010). The certificate is accompanied by a report
which includes cost-effective recommendations to improve
the energy ratings.
In addition to the requirements in relation to dwellings
there is also a requirement for EPCs on the sale, rent or
construction of buildings other than dwellings with a floor
area greater than 50 m2 from 6 April 2008, that contain
fixed services that condition the interior environment.
Properties that are exempt from requiring a domestic EPC
will generally require a non-dwelling energy performance
certificate, which was also required by the EPBD (Wikipedia
2012). All non-dwelling EPCs must be carried out by, or
under the direct supervision of, a trained non-domestic
energy assessor, registered with an approved accreditation
body. The non domestic energy performance of is shown as
a single CO2 based index, again based on a scale of A to G
and an asset rating. The non domestic EPC again provides
two benchmarks, but in this case the energy rating if the
property were newly built and the energy rating if it were
typical of the existing stock of similar properties.
Both domestic and non domestic certificate are
Journal of Resources and Ecology Vol.3 No.2, 2012
accompanied by a report which includes cost-efficient
recommendations to improve the energy rating. Other key
information conveyed on the certificate includes reference
information, energy assessor details and information on
how to verify or complain that the certificate is genuine.
4.2.2 Display Energy Certificates
Display Energy Certificates (here after “DECs”) show the
actual energy usage of a building, the Operational Rating,
and help the public see the energy efficiency of a building.
This is based on the energy consumption of the building
as recorded by gas, electricity and other meters. The DEC
should be clearly displayed at all times and clearly visible to
the public. A DEC is always accompanied by an Advisory
Report that lists cost effective measures to improve the
energy rating of the building. DECs are posted by public
authorities and institutions providing public services to a
large number of persons where they occupy buildings with
floor space greater than 1000 m2 in England and Wales.
They are valid for one year. The accompanying Advisory
Report is valid for seven years.
The DECs show the energy performance of the building
based on the actual energy consumption record annually
over the previous three years in the form of the Operational
Rating (OR). The OR gives a numerical indicator of a
building’s CO2 emissions on a scale of A to G. An asset
rating may also be shown if an EPC is available. The
presence of the historic data reveals whether there has been
an improvement in building’s performance (An example
of DEC available at http://www.communities.gov.uk/
documents/planningandbuilding/pdf/768325.pdf).
4.2.3 The expert
The expert is a key to implementation of the certification.
An energy assessor must be a member of a specialist
accreditation scheme approval by the government. Several
accreditation bodies are able to register individuals with
relevant skill and qualification as domestic energy assessors.
The relevant government department indentifies the
minimum standard for this title and directs interested parties
to the accreditation bodies.
The assessor may be part of in-house staff, assessing
buildings owned by the employer (or staff of contracted
service providers). In such cases, the accreditation body to
which they belong must ensure they operate in an acceptable
independent manner (Olloqui and Hartless 2009). However,
in some EU Member States, such as Bulgaria, the energy
assessor must not have participated (including the hired
staff) in the design, construction or public promotion of
the buildings, which are subject to the certification (www.
buildingsplatform.eu).
4.3 Problems lie in the implementation of EPBD
According to the European Union’s Sustainable Energy
Week 2008, several speakers point out the problem
of EPBD. They refer to the difficulty of the technical
DENG Minzhen: To Promote Green Buildings in China: Lessons from the USA and EU
implementation, a lack of proper national administration,
and a shortage of qualified experts. It has taken more time
than anticipated to revise national building regulations, set
up the certification schemes and train experts (Kornevall
2008). In fact, the EPBD is behind schedule.
For clarification and simplification of certain provisions,
extend the scope of the EPBD (2002) and strengthen some
of its provisions so their impact is more effective and
providing the leading role in the public sector. After two
years discussion, on 19th May 2010 the European Parliament
and Council published Directive 2010/31/EU, containing
amendments to the EPBD 2002/91/EC, introduced a
number of important new features, including a requirement
for Member States to lay down infringement penalties;
provision for inspections of heating and air-conditioning
systems; and a requirement for Member States to drawn
up a list of existing and proposed measures to promote the
objectives of the Directive (The European Parliament and
Council of the EU 2010).
5 Problems lie in the performance of green
building in China
As stated in the introduction above, China doesn’t lack the
legislation to promote the sustainable building. The key
problem in China is insufficient measures to implement
the legislation. For example, according to the “Energy
Conservation Regulation for Civil Building”, the official
construction of government-owned and large public
buildings should make public the energy consumption by
heating, cooling and light. However, there are no matching
provisions to safeguard the implementation, no incentives
to the executor and no penalty to the offender.
Moreover, the building developed by the private sector
accounts for a large percentage of buildings in China.
However, there are not enough instruments to push the
developer to adopt, the owner to buy and the tenant to rent
the green building.
Thirdly, the green building rating systems in China
have the similar function with the LEED in USA and
the EPC&DEC in EU, but some glaring differences are
clear. For China depends on the government department
to organize and compile the rating of the green building,
which may give rise to many fiscal and labor burdens
and contribute to poor enforcement of the green building
system. However, USA and EU take different approaches.
The LEED rating in America was made and operated by a
non-profit organization. The EPC in the EU was made by
the entities registered in government. Further, there is not
even a special website about the Green Building Rating
program, more information about China’s green building
program are not convenient to get on the Internet. However,
the LEED rating in USA is sound, with an advanced and
strong expert team and information platform, and massive
project registration development (more information at http://
www.usgbc.org/ DisplayPage.aspx?CategoryID=19).
189
6 Steps by the government to promote the
green building in China
6.1 Partner with social entities to develop a sound green
building rating system
As an information-based instrument, a sound rating system
is important to the practice of green building. In light of
the problems in the current rating system and lessons from
the USA and EU, the Chinese government can partner with
social entities – including the building industry association,
research departments, educational institutions, and so on –
to contribute to a sound green building rating system with
scientific rating standards, talented and professional staff,
and advanced management structure, which is needed for
the development of green building.
There is a program, “LEED Professional Accreditation”,
to recognize building professionals with the knowledge
and skills to successfully oversee the LEED certification
process in USA. LEED Accredited Professionals (LEED
APs) have demonstrated a thorough understanding of green
building practices and principles and the LEED Rating
System. However, China chooses the evaluation expert
just by checking documents. To develop a talented team of
experts to oversee green building certification activities, the
government can collaborate with educational institutions to
provide some courses and training to equip those who are
interested. Exams can help identify the qualified experts.
The Chinese government might also partner with some
research institutions and building industry associations
to develop dynamic and sound rating criteria to satisfy
different types of construction. This rating criteria shall be
updated at reasonable intervals.
Moreover, the Chinese government could set up a
special website to supply information about green building,
including all related legislation and rules, the administrative
institution, certificate standard, the process, how to become
an expert, project registration, and so on. This website can
also provide an information exchange between various
entities, like individuals and stakeholders.
6.2 Take some measures to enhance the awareness of the
stakeholders
As an officer once said, “My biggest concern is figuring out
how to improve energy-saving awareness among residents
who care only about price and location when they buy
apartment” (China Daily 2008-04-01). Measures need to
be adopted to enhance the awareness of the stakeholder,
especially the residents.
First, the government should further study how
investments in green building contribute to a vibrant local
economy, including jobs, business, and tax revenues. The
government can arrange some reports about the concept
of green building, and issue statements supporting the
economic, environmental and social interests of green
building. For example, “Green building produces improved
190
air quality, improved amounts of light, better circulated heat
and air conditioning and overall, a more pleasant, healthier
and productive place to be. The people who live and work
in green buildings appear to use fewer sick days.”
For businesses, the government can partner with building
industry associations to set up workshops to demonstrate the
statement mentioned above. It might present to developers
the legal case and business case for green building, in order
to increase awareness and strengthen market valuation.
The government should also launch a communication
campaign to inform developers and building owners and
tenants that green building offers a higher net operation
income, thus increasing the value of the building, offering
lower operating costs and improving corporate image in the
community.
6.3 Creating multi-incentive tools
Efforts are necessary to set more incentive tools at the right
level to encourage energy performance of buildings and
the green building rating. Consider the current legislation
on land and real estate, together with the lessons in the
USA and EU, the following incentives can be considered in
China:
Incentive to developer: In the current property rights
regime in China, the land was owned by the government or
collective, and the use rights for specified periods can be
obtained by the private sector from the state through the up-
front payment of land use fees. The developer has to pay
an amount to the government for gaining the land use right.
Could the government pay back a portion of the money
to the developer if the building turns out to be a green
building? The author gives a definite answer. China can
model itself after America to grant reduced construction fees
for projects which earn the star label of the Green Building,
and the fee cost savings might vary according to the level
of the star. This would be an effective way to promote the
developer take action to make the building green.
Incentive to owner and tenant: The incentives to the
owner and tenant are also necessary. If the tenant prefers
to live in the energy-efficient building or the consumer
is inclined to buy the green building, it will push the real
estate industry to meet the green building standard. But how
can people who mostly care about price and location be
encouraged to buy and rent the green building? The answer
lies in a direct economic incentive, such as a tax reduction.
In China, when the citizens buy and transfer houses,
massive taxes will be imposed. Chinese government can
consider granting some tax reduction to the people who buy
the green building. However, this way may not be effective
for the tenant for the lease is usually short. The price,
location and cost of the operation of the house are most
important to tenants. It might be effective to take the energy
certification approach of EU – when a house is for rent, an
energy performance certificate must be made available to
the tenant.
Journal of Resources and Ecology Vol.3 No.2, 2012
6.4 Develop other tools
The EPC in EU is a mandatory program, which is different
from the green building rating systems in China and
America. It is an effective tool to inform consumers about
the energy performance of a building and equip them with
some knowledge to improve the energy performance of the
building.
Can China follow the model of EU? How? The Chinese
were advised to take the model from Europe and mold it
to their own needs. In other words, form a bridge between
the uncertain land use right and the energy efficiency of
building by trading energy efficiency improvements for land
use rights.
In China, land use rights were transferred to property
for a fixed time period: residential property for 70 years;
industrial and commercial property for 50 years. However,
what happens after the period? According to the Property
Law, Land Use Rights (LUR) for residences, the contracts
will definitely be extended, but the only question is the
price. However, it’s not so clear for other types of property.
Per scholarly advice, the Chinese government could trade
land use rights extensions for progress on energy-efficiency
building improvements. Essentially, the government will
automatically grant the rights to a developer or building
owner who undertakes energy-efficient retrofits. The land
use rights extension period can even vary depending on the
level of efficiency achieved. For example, if a developer
reduces energy usage by 20 percent, maybe they get a 10-
year extension. But if they reduce energy usage by 50
percent, maybe they get a 25-year extension. This process
will then repeat itself, requiring continuous improvements
in building energy performance in order to maintain land
use rights. This advice is attractive.
7 Conclusions
In short, buildings, as the greatest source of pollution
and biggest consumer of energy, have contributed to the
energy shortage and global climate change, especially CO2
emissions. Many countries have adopted the sustainable
theory to building practices to address these issues.
China also launched its green building initiative after
the developed countries. Currently, China has developed
its own green building rating system and mandated the
energy conservation of new buildings and existing building
renovations. It has required the state-funded or partly state-
funded institutions to take some measures to conserve
energy related to buildings. However, the legislation and
implementation of green building in China is just in the
beginning phase. To further encourage green building,
China can take some lessons from the USA and EU, and
even other countries. Further steps the Chinese government
can take might include collaboration with social entities,
enhancing the awareness of stakeholders, and creating green
building incentives, among other effective tools.
DENG Minzhen: To Promote Green Buildings in China: Lessons from the USA and EU
Acknowledgements
The author would like to extend her gratitude to the Vermont Law
School professor David BROWER and Dwight MERRIAM, as
well as professor Tseming YANG, the deputy general counsel for
international affairs of the U.S. Environmental Protection Agency,
for helping to prepare this paper.
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促进绿色建筑在中国的发展——美国和欧盟的经验借鉴
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1 华东政法大学博士后流动站，上海 200042；
2 广东金融学院金融法研究中心，广州 510521
摘 要：建筑是能源消耗大户，也是导致环境污染与气候变化的原因之一。推动绿色建筑的发展，是实现低碳经济与可持
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激励工具等等。
关键词：绿色建筑；民用建筑；公共机构；能源与环境设计先导（LEED）；建筑耗能指令（EPBD）
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