Measures of Chengdu Municipality on the Administration of Residential Special Maintenance Funds

Chapter I General Provisions Article 1 (Purpose Basis)

In order to strengthen the management of residential special maintenance funds, establish a residential maintenance guarantee mechanism, and safeguard the legitimate rights and interests of owners, these measures are formulated in accordance with the provisions of the Property Law of People's Republic of China (PRC), the Regulations on Property Management, the Regulations on Property Management of Sichuan Province and the Regulations on Property Management of Chengdu, combined with the actual situation in Chengdu. Article 2 (Scope of Application)

These Measures shall apply to the deposit, use, management and supervision of special maintenance funds for houses on state-owned land within the administrative area of this Municipality. Article 3 (Meaning of Terms)

The term "residential special maintenance funds" as mentioned in these Measures refers to the funds earmarked for the maintenance, renewal and transformation of residential parts and facilities after the expiration of the warranty period.

The * * * part of the house as mentioned in these Measures refers to the * * * part shared by the owner of a single house or the owner of a single house and its connected non-residential owners according to the laws, regulations and the house sales contract, and generally includes: the foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, hallways, stairwells, corridors, etc.

The measures referred to in * * * facilities and equipment refers to ancillary facilities and equipment shared by residential owners or residential owners and related non-residential owners according to laws and regulations and house sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating garages, public cultural and sports facilities and * * * facilities and equipment. Article 4 (Supervision Principles)

Special maintenance funds shall be stored in special accounts and used for special purposes, which shall be decided by the owners and supervised by the government. Article 5 (Division of Responsibilities)

The municipal real estate administrative department is the management department of the city's special maintenance funds, responsible for guiding and supervising the management of the city's special maintenance funds, and the municipal residential special maintenance fund management institution is specifically responsible for the daily work of the city's special maintenance fund management. The district (city) county real estate administrative departments shall be responsible for the deposit and use management of special maintenance funds within their respective jurisdictions.

The administrative departments of finance, auditing, land, quality supervision, public security and fire control shall, in accordance with their respective duties, do a good job in the management of special maintenance funds in this Municipality.

Neighborhood offices and town (township) people's governments shall, in accordance with the prescribed duties, do a good job in the relevant work of special maintenance funds within their respective jurisdictions. Article 6 (Complaint Channels)

City and district (city) county real estate administrative departments shall establish complaint acceptance channels and deal with violations of these measures in accordance with relevant regulations. Chapter II Deposits Article 7 (Deposit Scope)

If there are more than two owners of residential and non-residential buildings in the same residential building division, the development and construction units and owners shall deposit special maintenance funds in accordance with the provisions of these Measures.

The selling units and owners of sold public housing shall withdraw and deposit special maintenance funds in accordance with the provisions of these measures. Article 8 (Deposit Standards)

The first-phase special maintenance fund for new residential buildings shall be deposited by the development and construction unit and the owner in accordance with the following provisions before the development and construction unit applies for the first registration of the right to use state-owned construction land and the ownership of the house:

(a) the development and construction unit shall deposit 3.5% of the cost price per square meter of construction area for houses equipped with elevators; For houses without elevators, 3% of the cost price shall be deposited per square meter of construction area. The special maintenance funds deposited will enter the current sales expenses, which will be owned by all owners of the building branch and allocated to the owner's subsidiary ledger established according to the house number.

(2) For the house with elevator installed, the owner shall pay a deposit of 2.5% of the cost price per square meter of construction area; For houses without elevators, a deposit of 2% of the cost price is charged per square meter of construction area. For houses that have not been sold before the first registration of the right to use state-owned construction land and the ownership of houses, the development and construction unit shall deposit the first special maintenance fund in accordance with these provisions. When the house is sold, it will be borne by the owner.

Has handled the initial registration of housing ownership or the first registration of state-owned construction land use rights and housing ownership but has not yet been sold, the development and construction unit shall deposit the first special maintenance fund in the special account in accordance with the provisions of Item (2) of the preceding paragraph; After the establishment of the owners' congress, if the development and construction unit has not yet deposited it, the owners' committee shall notify the development and construction unit to deposit it within a time limit.

If the special maintenance funds deposited by the development and construction unit have been accounted for separately according to the building zoning, the balance of the special maintenance funds in the separate account can be included in the owner's sub-account within the corresponding scope.

Old city reconstruction, infrastructure construction, affordable housing construction, etc. , the relocation of the original owner of the house, take property rights exchange compensation, the development and construction unit shall deposit the first special maintenance fund in accordance with the provisions of the first paragraph (a); If the owner is the object of compensation and resettlement, the first special maintenance fund shall be deposited in accordance with the provisions of item (2) of the first paragraph, and shall be borne by the subject of compensation and resettlement obligations.

Calculate the cost price per square meter of construction area, which will be released regularly by the municipal real estate administrative department. Article 9 (Sold Public Housing)

The first special maintenance fund for the sold public housing shall be extracted and deposited by the selling unit and the owner of the public housing respectively in accordance with the following provisions:

(a) units selling public housing, houses equipped with elevators shall pay 30% of the sales price, houses without elevators shall pay 20% of the sales price, and within 30 days from the date when the sales price is deposited in the unit housing fund account, the sales price shall be deposited in the special maintenance fund account, which belongs to the public housing sold by the unit.

(2) The owner shall deposit the special maintenance fund at 2% of the house price, and deposit it in the special maintenance fund account before handling the registration of state-owned construction land use right and house ownership, which shall be owned by the owner.