Is it a matter of time for the property quality warranty fund and the housing maintenance fund?

IDI can change the property warranty! Helping Property "Two Funds" to Reduce Costs and Increase Efficiency —— Industrial Insurance Network

The "Building Law" clearly stipulates that the quality warranty system shall be implemented in construction projects. In order to ensure that the construction unit undertakes the warranty responsibility of the property, it is stipulated in many places that before the initial registration of the property right, the construction unit shall deposit the property warranty fund in the proportion of 2% (3% in some areas) of the total construction and installation cost of the property as a guarantee for the maintenance cost during the property warranty period.

In order to ensure that the project quality problems after the property warranty period expires are properly solved, the property management regulations also stipulate that the owners should pay the property special maintenance fund (also called "special maintenance fund" before the promulgation of the property management regulations)-the property warranty fund and the property special maintenance fund * * * together constitute the "two funds" of the property as the "house-to-house pension" during maintenance.

However, whether the construction unit pays 2%-3% of the construction cost of Jian 'an project or the owner of commercial housing pays 5%-8% of the construction cost per square meter, it is not a small sum for both parties. The nature of advance first and then make up cannot strengthen the project quality management from the source, which is far from the original intention of the system in practice.

In recent years, in view of the shortage of warranty fund and special maintenance fund system, many places have gradually stepped out of the innovative road of "safeguarding owners' rights and interests and ensuring housing quality through insurance" in the exploration of optimizing building quality management. Among them, insurance refers to inherent defect insurance (IDI), that is, IDI replaces and optimizes the warranty payment and special maintenance payment system.

1, Shanghai: Choose between IDI insurance and property warranty.

As early as 20 1 1, "Regulations on Quality and Safety Management of Construction Projects in Shanghai" stipulated that "the project quality assurance insurance insured by the construction unit conforms to the warranty scope and warranty period stipulated by the state and this municipality, and can be exempted from paying the property warranty fund if it is approved by the housing administrative department", which created a model of choosing between IDI insurance and property warranty fund.

In 20 16, Shanghai also followed this idea in the "Implementation Opinions on Promoting the Insurance of Potential Defects in the Quality of Commercial Housing and Affordable Housing Projects in this Municipality", emphasizing once again that the construction unit can be exempted from paying the property warranty fund according to the regulations if it has insured the insurance of potential defects in the quality of the project.

This model replaces the warranty system with commercial insurance, which not only saves the cost, but also increases the guarantee for the construction unit: on the one hand, the benchmark premium is 65438+ 0.5% of the total project cost, which greatly saves the construction cost of the construction unit and greatly increases the guarantee amount on the basis of the original guarantee scope. On the other hand, insurance companies will introduce third-party professional risk management institutions to provide high-quality risk management services from the beginning of construction.

For the owners, on the one hand, the reduction of construction cost will drive down the cost per square meter, thus saving the owners' purchase cost and special maintenance funds; On the other hand, owners can make maintenance claims to insurance companies after quality problems occur, and their rights and interests will be protected more efficiently.

2. Jinan: Cancel the property warranty and implement IDI.

20 17 the Ministry of industry and information technology and the Ministry of finance issued the notice on publishing the list of enterprise-related deposits of the State Council departments, which cancelled all kinds of enterprise-related deposits set up locally, and the property maintenance funds set up in various places were also cancelled. As a result, Jinan began to stop handling the property quality warranty deposit business and comprehensively cleaned up the returned property quality warranty deposit.

In 20 18 years, the property quality warranty fund of 386 1 100 million yuan was refunded. 20 19 Jinan city issued "Ten Non-Regulations on Strengthening the Quality Management of Housing Construction Projects", which made it clear that the project responsible units should not shirk the owners' maintenance demands and delay the maintenance. In the same year, Jinan Housing and Construction Bureau also solicited opinions on the "Regulations on Strengthening Property Management in Residential Quarters", and proposed to require the development and construction units to set up a separate after-sales service center for housing and accept the application for repair by the owners.

In order to institutionalize the quality warranty work, this year, the Housing and Construction Bureau of Jinan City and other departments issued the Measures for the Administration of Quality Potential Defects Insurance for Simple and Low-risk Social Investment Projects in Jinan City (Trial), stipulating that if the construction unit delivers the house within the insurance period or after the insurance period expires, and the construction unit finds the quality defects within the insurance scope within six months from the date of delivery, the insurance company shall perform the maintenance or compensation obligations within seven days from the date of reaching a compensation agreement with the construction unit.

IDI will fill the vacancy of quality warranty system after the defect liability period, and insurance claims will play the role of quality warranty. This will completely put an end to the problems such as the difficulty in collecting, using and returning the property warranty money, the construction unit shirking the warranty, suspending business or refusing to perform the warranty obligation, and protect the basic life and legitimate rights and interests of the owners.

3. Hainan: IDI can develop together with special maintenance funds.

July, 20 19, Hainan province's pilot work plan for quality potential defect insurance of housing construction projects clearly states that "after housing construction projects are insured with quality potential defect insurance, the project quality deposit and performance bond can be cancelled". In an announcement issued in July this year, the Housing and Construction Department of Hainan Province plans to carry out research on the development and operation mode of owners' maintenance funds and other funds in insurance in the project of "Research on Insurance Strategy and Development in Hainan IDI".

How to improve the efficiency of the use of special maintenance funds for property, and solve the problems such as high use standard and difficult rights protection of owners, has always been one of the challenges faced by building quality management in various places. Hainan Province plans to incorporate the operation of property special maintenance funds into IDI strategy, aiming at building a quality warranty system combining commercial insurance and special funds, and further liberalizing the insurance and construction project quality risk management market.

Subsequently, in September, Haikou City issued the "Measures for the Administration of Special Maintenance Funds for Residential Buildings in Haikou City (Draft for Comment)", clarifying that special maintenance funds for properties can be used to insure special property insurance for * * * parts of properties and * * * facilities and equipment. After the implementation of the policy, Haikou property special maintenance funds will be used to purchase elevator pension insurance, IDI, etc. The integrated development of IDI and property special maintenance funds will embark on a new journey.

In addition, the "Regulations on the Management of Special Maintenance Funds for Property" recently issued by Shenzhen not only clarifies that "the special maintenance funds for property can be used to purchase property maintenance insurance upon the decision of the owners' meeting", but also encourages the exploration and establishment of a maintenance insurance system. This also leaves room for imagination for the integrated development of IDI and maintenance insurance system.

For a long time, there are many disadvantages in the implementation of the warranty fund and special maintenance fund system, such as high cost, difficult use and no process management of building quality. IDI provides solutions with lower cost, faster maintenance response and more professional quality risk management services for all regions. I look forward to the accelerated landing of IDI in various places, adding insurance to the quality of housing!