Measures of Beijing Municipality on Property Management of Residential Quarters

Measures of Beijing Municipality on Property Management of Residential Quarters

Decree number. Beijing Municipal People's Government [1995] 2 1

Article 1 In order to strengthen the property management of residential quarters in this Municipality, ensure the normal use of houses and their equipment and public facilities in residential quarters, and create a clean, beautiful, comfortable, convenient, civilized and safe living environment, these Measures are formulated in accordance with the relevant provisions of the state.

Article 2 These Measures shall apply to residential areas, residential quarters and dilapidated buildings reconstruction areas (hereinafter referred to as residential quarters) within the administrative area of this Municipality, which are built according to urban planning and complete supporting facilities and reach a certain scale.

The property management measures for villas and senior apartments shall be stipulated separately.

Third new residential areas must implement unified property management according to the provisions of these measures. Residential areas that have been accepted and delivered before the implementation of these measures shall gradually implement property management in accordance with these measures.

Article 4 The term "property management" as mentioned in these Measures refers to the activities that property owners and users of residential quarters entrust property management enterprises to maintain, repair and serve houses, their equipment and related living environment.

Fifth city and district, county housing and land management bureau in charge of the administrative area of residential property management.

Sixth planning, industry and commerce administration, price, sanitation, greening, municipal, public security and other administrative organs and neighborhood offices where residential areas are located shall, according to their respective functions and duties, guide, supervise and inspect the property management of residential areas.

Seventh residential development and construction units must build corresponding facilities in accordance with the planning requirements. After the comprehensive acceptance of the residential area, the development and construction unit can handle the transfer to the residential property management Committee. The comprehensive acceptance of residential quarters shall be attended by district and county people's governments and sub-district offices.

The specific measures for comprehensive acceptance of residential quarters shall be formulated by the Municipal Administration Committee, the Municipal Urban and Rural Planning Committee and the Municipal Urban and Rural Construction Committee.

Eighth residential areas have been delivered and the occupancy rate of the county has reached more than 50%, and the property management committee shall be established under the guidance of the development and construction unit of the residential area and the county housing and land administration bureau where the residential area is located.

The property management committee consists of representatives of real estate owners and users in residential areas and representatives of residents' committees.

Residential development and construction cycle is longer, before the establishment of the property management committee, the residential development and construction unit is responsible for property management, and can also hire property management companies for preliminary management. After the establishment of the property management committee, it decides the renewal or dismissal of the property management enterprise.

Article 9 Property management committees represent and safeguard the legitimate rights and interests of real estate property owners and users. Under the guidance and supervision of the Housing and Land Administration Bureau, relevant administrative departments and local sub-district offices, the property management committee is responsible for formulating the articles of association of the property management committee, hiring property management enterprises, supervising the implementation of property management in residential quarters, inspecting and supervising property management enterprises, and assisting the property management enterprises in their management.

Tenth property management companies must be certified by the housing and land ownership, and registered in the administrative department for Industry and commerce, before accepting the entrustment to undertake the property management of residential areas.

Eleventh property management companies are entrusted by the property management committee and real estate owners to undertake the property management of residential areas. The property management enterprise shall sign an entrusted management contract with the entrusting unit.

The contract shall specify the entrusted management matters, management standards, management authority, management period, management fee income and expenditure, supervision and inspection and liability for breach of contract.

After the contract is signed, the property management enterprise shall file with the local county housing and land management authority.

Twelfth property management enterprise rights:

(a) according to the property management contract and the relevant provisions of the state and the city, the implementation of property management in residential areas;

(two) according to the property management contract and the relevant provisions of the property management fees.

(three) to discourage or stop acts that damage other people's property or hinder property management, and have the right to claim compensation for the losses caused;

(four) request the property management committee to assist in management;

(five) hiring a franchise company or hiring people to undertake special services such as cleaning, security and greening;

(six) engaged in property management or other diversified operations and paid services.

Article 13 Obligations of a property management enterprise:

(a) to fully perform the property management contract, maintain and repair the houses, facilities and public parts entrusted by the owners, and undertake the security, fire protection, greening and maintenance, cleaning and convenience services necessary for the daily life of the owners and users in residential areas;

(two) accept the supervision of the property management committee and residents;

(three) major management measures submitted to the property management committee for deliberation and decision;

(four) accept the guidance and supervision of the housing and land management organs, other administrative organs and local street offices;

(five) found in violation of laws, regulations and rules, to report to the relevant administrative organs in a timely manner.

Fourteenth residential property management start-up funds by the residential development and construction units in accordance with the proportion of construction costs of 2%, a one-time payment to the property management committee or property management enterprises.

The real estate owner in the residential area shall pay the property management fee to the property management committee or property management enterprise every year according to the entrusted contents.

Property management enterprises to carry out property and a variety of business services, should be mainly used to supplement the residential property management costs.

Fifteenth housing users should abide by the relevant provisions of the property management, in accordance with the provisions of the use of housing and other public facilities, pay the relevant fees, and consciously safeguard the normal living order and management order of the community; Have the right to ask the property management committee to replace the property management enterprise with poor service, and have the right to dissuade, stop and report acts that disturb the management order and life order of the community and damage public facilities.

When residents move in, they should sign a residential contract with the property management Committee and abide by the obligations stipulated in the contract.

Sixteenth real estate property owners or users in violation of the provisions of these measures, one of the following acts, property management companies should be persuaded to stop and report to the relevant administrative departments, and have the right to demand restitution and compensation for losses;

(a) unauthorized occupation of public space in residential areas or change of its use;

(two) unauthorized changes in use, structure, appearance, damage to facilities, equipment and other acts that endanger the safety of houses;

(three) unauthorized construction, parking vehicles, in the * * * parts of the house, arbitrarily occupying green space or destroying greening, polluting the environment, affecting the landscape of residential areas, and creating noise nuisance.

Seventeenth property management companies in violation of these measures, one of the following acts, real estate property owners and users have the right to complain to the property management committee or reflect to the housing and land management authority; The Property Management Committee has the right to stop it and ask it to make corrections within a time limit. If the interests of the property owner or user are damaged, it has the right to demand compensation. If the circumstances are serious, the entrusted management contract may be terminated;

(a) housing and public facilities, equipment repair is not timely;

(two) the management system is not perfect and the management is chaotic;

(three) to expand the scope of fees and raise the standard of fees without authorization;

(4) changing the use of real estate and public facilities without authorization;

(five) other non-performance or incomplete performance of the obligations stipulated in the property management contract and management measures.

Eighteenth without the qualification examination of housing and land management authority to undertake residential property management business, the housing and land management authority shall order it to handle the qualification examination within a time limit; If no correction is made within the time limit, a fine of 2000 yuan to 20 thousand yuan shall be imposed, and the residential property management shall be ordered to stop.

Nineteenth due to poor management of property management companies, resulting in the deterioration of residential property and living environment, the housing and land management authorities shall give a warning, make corrections within a time limit, impose a fine of 5000 yuan to 50000 yuan, reduce the level of qualification, and revoke the qualification certificate; If the qualification certificate is revoked, it shall be transferred to the administrative department for industry and commerce for handling according to law.

Twentieth to carry out the cost of property management and diversified operations and services, standards formulated by the Municipal Price Bureau and the Municipal Bureau of housing and land management.

Twenty-first specific issues in the implementation of these measures shall be interpreted by the Municipal Housing and Land Administration Bureau.

Article 22 These Measures shall be implemented as of June 1 995+1October1day. ?

(The above answers were published on 20 14-06-25. Please refer to the actual situation for the current purchase policy. )

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