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Must the decoration be approved by the property management company?
1. Is there any law requiring property approval for decoration?
Of course, the houses in the community are like this. It doesn't matter if it's personal.
According to the law, the owner has the right to decide whether to decorate his house, but he must inform the property company in advance and declare and register. The property company shall inform the owner of the prohibitions and precautions in the decoration.
Relevant legal references:
"Property Management Regulations" Article 53 If the owner needs to decorate the house, he shall inform the property service enterprise in advance.
The realty service enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration.
"Measures for the Administration of Residential Interior Decoration" Article 13 The decorator shall apply to the property management enterprise or the housing management institution (hereinafter referred to as the property management unit) for registration before the commencement of the residential interior decoration project.
Non-owner residential users shall obtain the written consent of the owner for decorating the residential interior.
Thirty-fifth decoration people engaged in residential interior decoration activities did not declare registration, the municipal real estate administrative department shall order it to make corrections, and impose a fine of more than 500 yuan 1000 yuan.
Second, is it legal for the property to collect the decoration deposit?
There is no provision for "deposit" in the legal provisions. Because it is not mandatory, if the owner does not want to, the property has no right to collect it. However, both parties can find a balance point through negotiation and sign an agreement that both parties are willing to perform. Those property management companies pay the deposit before issuing the entrance permit to the decoration company, which violates the principle of free consumption of the owners as consumers and is illegal. In addition, according to the Price Law of People's Republic of China (PRC), the government price department is responsible for the formulation and adjustment of prices, and other departments have no right to prescribe them without authorization. It is illegal for a property company to collect the deposit for house decoration, and it should be stopped.
Three, housing decoration to the preparation of property registration materials
(1) The detailed requirements are as follows
1, house ownership certificate (or valid certificate to prove its legitimate rights and interests);
2. The applicant's identity document;
3. Decoration scheme;
4. If the main body or load-bearing structure of the building is changed, the design scheme proposed by the original design unit or a design unit with corresponding qualification grade shall be submitted;
5, involving the sixth acts of these measures, the approval documents of the relevant departments shall be submitted, involving the seventh and eighth acts of these measures, the design scheme or construction scheme shall be submitted;
6, entrust the decoration enterprise construction, need to provide a copy of the relevant qualification certificate of the enterprise.
Non-owner residential users also need to provide written proof that the owner agrees to decorate.
According to the above analysis, the owner has the right to decide whether to decorate his house, but he must inform the property company in advance and declare and register. The property company shall inform the owner of the prohibitions and precautions in the decoration. Is there any law that requires the consent of the property for decoration? If in doubt, please consult a lawyer.
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