Tianjin public housing new deal comes out! 1 65438+1October1came into effect.

Phoenix Net Real Estate Tianjin News 165438+ 10/In the afternoon, Tianjin Housing Construction Network issued the Notice of the Municipal Housing and Urban-Rural Development Committee on Printing and Distributing the Administrative Measures of Tianjin Municipal Public Housing, which came into effect on 1 019.

The full text is as follows:

Documents of Tianjin Housing and Urban-Rural Development Committee

Zhu Jin Jianfa [2065438+09] No.4

Notice of the Municipal Housing and Urban-Rural Development Committee on Printing and Distributing the Measures for the Administration of Public Housing Directly under Tianjin Municipality

District Housing Construction Committee and related units:

In order to further standardize the management of public houses directly under the municipal government, and earnestly safeguard the legitimate rights and interests of the right holders of public houses directly under the municipal government, according to the relevant laws, regulations and relevant policies, our Committee has formulated the Measures for the Administration of Public Houses Directly under the Municipal Government of Tianjin. It is issued to you, please follow it.

2019101October 29th

Measures of Tianjin Municipality on the Administration of Directly Administered Public Housing

Chapter one? Total? rule

Article 1 In order to strengthen the management of public houses directly under the municipal government and safeguard the legitimate rights and interests of the obligee of public houses directly under the municipal government, these measures are formulated in accordance with the relevant laws, regulations and relevant policies and regulations, combined with the actual situation of this Municipality.

Article 2 The term "directly managed public houses" as mentioned in these Measures refers to the residential and non-residential houses registered as the Municipal People's Government by the municipal administrative department of housing and urban-rural construction on behalf of the Municipal People's Government, with the exception of office buildings of party and government organs and affordable housing.

These Measures shall apply to the lease, use, repair, sale, supervision and management of public housing directly under the jurisdiction of this Municipality.

Article 3 The municipal administrative department of housing and urban-rural construction shall be responsible for the management of the city's directly-managed public houses, and may determine that the directly-managed public houses management unit shall undertake the specific management of the directly-managed public houses.

The district housing construction administrative department is responsible for the management of public houses directly under its jurisdiction.

Article 4 The management of directly managed public houses shall follow the principles of clear property rights, clear rights and responsibilities and safe use.

Chapter II Ownership Management

Article 5 The term "directly-managed public houses" as mentioned in these Measures refers to the houses registered by the real estate owners as owned by the Municipal People's Government, which have obtained the right to use through welfare distribution and transfer and implemented the rent standards approved by the Municipal People's Government.

Article 6 The following houses are non-residential houses directly managed by public property:

(a) the municipal financial funds to invest in the construction or purchase of housing;

(two) houses and non-residential houses built or purchased with compensation funds directly managed by public property;

(three) the right to levy non-residential houses directly under the public property and exchange real estate;

(four) non-operating public buildings supporting new residential buildings;

(five) in the existing public non residential land within the scope of new construction, expansion, renovation, renovation of housing;

(six) houses built on the allocated land and used by public welfare institutions and production and operation institutions;

(seven) to take over and confiscate the houses owned by the state according to law;

(eight) other houses that should be turned over as stipulated by laws and regulations.

Seventh through the following ways to invest in the construction or purchase of housing, according to the proportion of investment to determine the direct management of public real estate non residential property rights:

(a) the state ministries and commissions and the city's financial funds jointly invested in the construction or purchase of houses;

(two) the investment and construction units use non-financial funds to invest in the joint construction or purchase of houses with the financial funds of this Municipality;

(three) the municipal financial funds and district financial funds jointly invest in the construction or purchase of houses.

If the investment and construction unit does not advocate the property right of real estate or the property right of real estate is inseparable, it can all be determined as direct public property and non-residential. Involving joint investment of municipal financial funds and district-level financial funds, real estate property rights cannot be divided, and real estate property rights shall be determined in a common way.

Article 8 After the completion and acceptance of newly-built non-residential houses in Class I and Class II public welfare institutions and production and operation institutions, the real estate property rights shall be verified by the directly affiliated public housing management unit. After verification, it belongs to the non-residential property under the direct control of public property, and the construction unit shall handle the house takeover formalities with the housing management unit under the direct control of public property on the basis of relevant information.

Article 9 When the real estate ownership registration is determined for the houses directly under the public property, the management unit directly under the public property shall apply for the first registration of the real estate directly under the public property, and the obligee shall be registered as the Municipal People's Government.

Surveying and mapping fees and other fees required for the registration of real estate shall be borne by the user of the house unless otherwise stipulated by the state and this Municipality.

Tenth expropriation of public housing, compensation and resettlement shall be carried out in accordance with the relevant provisions of the state and the city housing expropriation.

In accordance with the law, the collection department or the collection implementation unit shall sign a resettlement compensation agreement with the management unit of the directly-managed public houses by virtue of the collection decision, the announcement of house expropriation and the collection evaluation report.

Monetary compensation is implemented for non-residential houses directly under the jurisdiction of expropriation of public property. If the compensation funds are used for the lessee to purchase or build office buildings, the lessee shall establish a condominium account in the management unit directly under the jurisdiction of public property.

For the exchange of real estate property rights for publicly owned non-residential houses, the construction area of the exchanged houses shall not be lower than that of the houses to be expropriated, and the assessed price of the real estate market shall not be lower than that of the houses to be expropriated.

Article 11 Where a lessee of a non-residential house under the direct control of public property builds, rebuilds or rebuilds a house at the original site, he shall submit an application, a construction project approval document, a general plan approved by the planning department and other materials to the higher-level public property management unit. If the on-site survey is conducted by the management unit of the directly-managed public houses, and the relevant provisions are met, the lessee and the management unit of the directly-managed public houses shall sign an agreement on the ownership of real estate rights. If the house demolition is involved, the topographic map of the house to be demolished at 1:500 or 1: 2000 shall also be provided, and a written opinion issued by the management unit of the directly-managed public houses agreeing to demolish the non-residential houses of the directly-managed public houses shall be obtained.

After the house is completed and accepted, when the real estate management unit directly under the public property goes through the formalities of real estate registration with the real estate registration agency, the lessee shall cooperate, provide relevant materials for applying for real estate registration, and bear the required expenses.

Twelfth public non-residential houses and other houses of different nature for real estate property rights exchange, should be the exchange of housing real estate market evaluation, and in accordance with the relevant provisions of the state and the city to handle the relevant procedures and pay the relevant taxes.

If the appraised price of the real estate market of the non-residential houses directly under public ownership is lower than that of the exchange houses, if the exchange houses can be divided, the appraised price of the real estate market shall be divided according to the principle of reciprocity; If the exchange houses cannot be divided, they shall all be determined as public direct non-residential houses, and the price difference compensation shall be settled by both parties through consultation. If the real estate market evaluation price of non-residential houses directly managed by the public sector is higher than that of the houses being exchanged, the real estate owner of the houses being exchanged shall make up the difference.

Article 13 This Municipality encourages the lessee to purchase the leased public housing.

Fourteenth by the municipal administrative department of housing and urban and rural construction audit and reported to the Municipal People's government for approval, municipal public property rights of non residential housing can be sold to the lessee.

The sale of non-residential houses directly under public ownership shall be evaluated in the real estate market, and the lessee shall sign a sale agreement with the units directly under public ownership.

If the land use right of non-residential houses directly under public houses is obtained by allocation, the lessee shall go through the procedures for transferring the land use right in accordance with the relevant provisions of the state and this Municipality.

Fifteenth any of the following circumstances, public housing shall not be sold:

(a) the right to use the house is controversial;

(two) was identified as a dangerous house;

(3) Decisions within the scope of collection;

(4) Residential houses that are not complete sets or complete sets for collective use;

(five) other circumstances in which the state and this Municipality prohibit the sale.

Sixteenth municipal public housing sales revenue, housing levy compensation income and other funds should be earmarked, and accept the supervision of the financial and auditing departments.

Chapter III Lease Management

Seventeenth the lessee shall sign a lease contract with the management unit directly under the public housing.

The lessee shall pay the rent on schedule. If the lessee delays paying the rent, it shall bear the liability for breach of contract in accordance with the lease contract.

Eighteenth public housing rent standards directly under the jurisdiction of the municipal price department shall be formulated and adjusted by the municipal administrative department of housing and urban-rural construction in conjunction with the municipal price department, and promulgated and implemented after the approval of the Municipal People's government.

The rent standard for public non-residential houses directly under the control of the municipal administrative department of housing and urban and rural construction shall be formulated and adjusted, and shall be promulgated and implemented after being approved by the Municipal People's government.

Nineteenth hospitals, schools, kindergartens, cultural and sports venues and other public welfare units directly rent public non-residential housing, with the consent of the municipal housing and urban and rural construction administrative departments, can take the form of self-study.

The lessee of the self-study house shall sign a lease contract for the self-study house with the directly responsible public property management unit, and clarify the main responsibility for the management, use and safety of the house.

Twentieth the lessee has one of the following acts, the municipal public housing management unit has the right to terminate the housing lease contract and recover the house:

(1) changing the purpose of the house without authorization;

(two) unauthorized transfer of rental housing;

(3) The rent is overdue for more than 12 months (including 12 months) and is still not paid after being informed in writing;

(four) the use of residential storage of pollutants or flammable, explosive, toxic and other dangerous goods;

? (five) the lessee who keeps the self-taught house fails to maintain the house and facilities in accordance with the lease contract;

(6) Other recoverable circumstances stipulated in the house lease contract.

Twenty-first with the consent of the public housing management unit, the lessee of public housing can transfer the right to use.

When the right to use saleable public housing is transferred, the transferee is encouraged to buy public housing.

With the consent of the municipal administrative department of housing and urban and rural construction, the lessee of non-residential houses with public property rights may transfer the right to use them. Where the transfer of the right to use public real estate and non-residential houses directly under its jurisdiction involves the disposal of state-owned assets, the relevant provisions on the management of state-owned assets shall be observed.

Twenty-second under any of the following circumstances, the right to use public housing directly under the jurisdiction of the government shall not be transferred or changed to the lessee:

(1) Failing to sign a lease contract according to law;

(two) the right to use the house is controversial;

(three) the lessee is in arrears with the rent of the house;

? (4) The lessee demolishes the building structure without authorization;

? (five) in the roof, terrace, cornice or the use of housing external wall suspended to build buildings and structures;

(six) complete sets of single-purpose residential housing into complete sets of residential housing;

? (seven) the individual who applies for the transferee or lessee does not have a permanent residence in this city;

(eight) the provisions of the state and this Municipality shall not transfer the right to use or change the lessee in other circumstances.

Twenty-third in the same set or adjacent to the same floor, there are more than two (including two) directly under the public housing lease contracts, and the lessee is the same person or rented separately from his spouse, children and parents, you can apply for merger.

Article 24 The lessee and the lessee's children, parents, (foreign) grandparents, (foreign) grandchildren, brothers and sisters and other close relatives may apply for dividing the rented complete residential houses into households. The applicant shall meet the following conditions:

(a) there is a permanent residence in this city in the domicile of the application for residential housing;

(two) the application for family housing belongs to the lessee or the lessee's close relatives in the city's only housing;

(three) to apply for family housing should be able to live independently of the independent room, with a total rental area of not less than 9 square meters.

Twenty-fifth couples divorce involves household housing, the application for household housing should be used independently; Tenants who rent multiple houses can only choose one of them to apply for household registration.

Article 26 If the lessee's household registration moves out of this city, the lessee's spouse, children and parents may apply for changing the lessee's transfer procedures.

If the divorce of husband and wife involves the transfer of the right to use public housing, they may apply for changing the procedures for the transfer of the lessee.

Twenty-seventh direct public housing tenant died, the new tenant is determined in the following ways:

(a) after the death of the lessee, the spouse, children, parents or other relatives can be designated by the household registration book to continue to rent the public housing. The designated act can be completed by judicial notarization or by submitting a notice of the designated lessee to the administrative department of public houses directly under the jurisdiction, and issuing an announcement in the main paper media of this Municipality.

(two) if the lessee of the public housing directly under the government fails to specify the lessee before his death, the spouse, children and parents of the lessee may apply for transfer. If the lessee's children die or have no permanent residence in this city, the lessee's children may apply for transfer.

Twenty-eighth directly under the jurisdiction of the public housing tenant died, the lessee's spouse, children, parents to give up the rental housing, other relatives with the lessee's household registration book can apply for transfer. The lessee's spouse, children and parents issue a legally binding agreement to abandon the leased house and agree to transfer it to other relatives.

Twenty-ninth direct public housing tenant died, the lessee has no spouse, children, parents, and other relatives with the lessee's household registration book can apply for transfer.

Article 30 If the lessee of public housing directly under the municipal government fails to meet the transfer conditions stipulated in Article 27, Article 28 and Article 29 after his death, his brothers and sisters with different household registration books can make an announcement in the main paper media of this Municipality. If there is no objection after the expiration of the announcement for three months, they can apply for transfer.

Thirty-first transfer of the right to use public housing can only be applied by one person; There are more than two people (including two people) who meet the requirements for transfer, and they shall reach an agreement before applying for transfer.

If the personnel who meet the transfer conditions cannot reach an agreement on the transfer and cannot jointly confirm the new lessee, they can take the transfer of the right to use for disposal.

Thirty-second directly under the public housing tenant or after the death of the lessee who meets the conditions for applying for transfer agree to dispose of the housing by the transfer of the right to use, you can apply for the transfer of the right to use directly under the public housing through the replacement business unit.

Article 33 Where a minor or a person with no capacity for civil conduct or limited capacity for civil conduct applies for the transfer of a house directly under public property, his legal representative shall apply on his behalf and submit a letter of guarantee for fulfilling the obligations related to the rental of the house directly under public property.

If there are minors, persons with no capacity for civil conduct or persons with limited capacity for civil conduct among those who meet the conditions for transfer, and minors, persons with no capacity for civil conduct or persons with limited capacity for civil conduct apply for the transfer of public housing directly under their jurisdiction, other persons who meet the conditions for transfer shall promise to ensure that minors, persons with no capacity for civil conduct or persons with limited capacity for civil conduct can live in the house, and may apply for transfer after submitting a letter of commitment.

Thirty-fourth in accordance with the provisions of Article 27 to Article 30 of these measures can not determine the new lessee, the management unit directly under the public housing shall notify the personnel who meet the transfer conditions to determine the new lessee within a time limit. If the new lessee cannot be determined within the time limit, the real estate right holder may recover the right to use the directly-managed public houses.

Article 35 The management unit and replacement business unit of the directly-managed public houses shall input the relevant application materials submitted by the applicant for the change of the lessee of the directly-managed public houses into the information management system of the directly-managed public houses, and may go to the house site for survey.

The administrative department of housing construction in the district where the house is located shall verify the input information, and if it meets the requirements after verification, it shall go through the formalities for changing the lessee of public housing directly under the jurisdiction of the government within 15 working days from the date of acceptance; Do not meet the conditions, it shall notify the applicant in writing within 5 working days from the date of acceptance, and explain the reasons.

Article 36 If a natural person rents a public non-residential house, it shall be handled with reference to merger, household division and transfer.

Thirty-seventh without the consent of the public housing management unit, the lessee shall not sublease the house without authorization.

Article 38 If a public welfare institution, public welfare institution or production and business operation entity applies for transferring the right to use a non-residential house directly under the jurisdiction of the public property or changing the lessee, and the public property management unit directly under the jurisdiction of the public property verifies that it meets the requirements, it shall report to the municipal housing and urban construction administrative department for approval, and the public property management unit directly under the jurisdiction of the public property shall re-sign a lease contract with the new lessee.

Article 39 If the lessee sublets a non-residential house directly managed by public property, it shall submit a written application to the unit directly managed by public property. If the public housing management unit directly in charge agrees to sublease after on-site investigation, it shall sign a written agreement with the lessee. The sublease income is distributed between the lessee and the public housing management unit directly under the management according to the ratio of 8:2.

If the lessee sublets the non-residential houses directly managed by public property to engage in production and business activities, it shall comply with the relevant provisions of the state and this Municipality.

Chapter IV Maintenance and Management

Fortieth the lessee shall use the house reasonably in accordance with the relevant provisions of the state and this Municipality and the stipulations of the house lease contract to ensure the safety of the house.

If the lessee causes damage to the house due to abnormal use, he shall be responsible for repairing it. If it cannot be repaired, he shall make compensation.

Forty-first public houses directly under the management unit shall be responsible for the maintenance of the leased public houses directly under the management and its facilities and equipment, and carry out maintenance and maintenance in accordance with the maintenance scope, standards and technical specifications. The responsibility for repairing self-taught public houses shall be borne by the lessee of self-taught public houses.

The person responsible for the repair of the directly managed public houses shall regularly conduct surveys on the directly managed public houses and their facilities and equipment to ensure the safety and normal use of the houses.

Forty-second directly under the public housing management unit in the repair of directly under the public housing, the lessee shall cooperate. If the decoration materials or facilities installed by the lessee affect the house repair, it shall be handled by the lessee. If the lessee fails to dispose of the decoration materials, facilities and equipment by himself, the management unit that directly manages the public houses shall not be liable for compensation.

The lessee and the adjacent obligee shall not refuse or obstruct the maintenance of the common parts and shared facilities and equipment of the public housing directly under its management. If losses are caused by refusal or obstruction, the relevant personnel shall be liable for compensation.

Forty-third public houses directly under the management unit shall withdraw the repair fund of not less than 65% of the rent, and withdraw a certain proportion of the repair fund for the emergency repair of public houses directly under the management.

Forty-fourth non-residential housing tenants directly under public houses shall submit a written application to the management unit of the house directly under public houses with the decoration design scheme. Involving the demolition of housing structures or the increase of housing load, the original design unit shall issue relevant opinions or the lessee shall provide the housing safety appraisal report. The management unit of public houses directly under the control shall go to the site for investigation, and sign a renovation agreement with the lessee after examination and approval, and clarify the relevant responsibilities.

Chapter V Supplementary Provisions

Forty-fifth in violation of the provisions of article thirty-seventh, unauthorized subletting of public housing, the district housing construction administrative department shall order rectification. In violation of the provisions of Article 39 of these measures, unauthorized subletting of public non-residential houses directly under the control of the district shall be ordered by the district housing construction administrative department to complete the subletting procedures within a time limit.

Forty-sixth in violation of the provisions of article forty-first of these measures, the person directly responsible for the repair of public housing has not repaired and maintained the house, and the administrative department of housing construction shall order it to make corrections within a time limit; Due to improper maintenance, resulting in housing safety hazards or accidents, the person responsible for maintenance shall bear relevant legal responsibilities according to law.

Article 47 If, in violation of the provisions of Article 44 of these measures, the lessee directly manages public housing demolishes, changes the housing structure and increases the housing load without authorization, the relevant departments shall handle it in accordance with the relevant provisions of the Regulations of Tianjin Municipality on the Administration of Safe Use of Housing and the Interim Measures of Tianjin Municipality for Comprehensive Law Enforcement.

Article 48 If a staff member engaged in the management of directly managed public houses abuses his power, neglects his duty, engages in malpractices for selfish ends, neglects his duty or neglects his duty, he shall be punished by his unit or the competent department at a higher level according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Forty-ninth municipal people's government directly under the public housing and other public housing management with reference to these measures.

Article 50 These Measures shall come into force from 20 165438+2029 10/day, and shall be abolished on 1 0/day.