Full text of Beijing Property Management Regulations (II)

20 17 Beijing property management regulations (full text)

Chapter IV Property Services

Article 19 The realty service enterprise selected by the owners shall have the legal person qualification and obtain the realty service enterprise qualification in accordance with the provisions of the state.

The municipal housing administrative department shall establish a credit information system for property service enterprises and implement dynamic supervision and management of property service enterprises.

Article 20 A realty service contract shall stipulate the rights and obligations of both parties, realty service matters, service standards, service fees, project leaders, management and use of realty service places, contract term, service handover, liability for breach of contract, etc.

The realty service enterprise shall, within 05 days from the date of signing the realty service contract, report the realty service contract to the district and county housing administrative departments where the realty service project is located for the record, and the district and county housing administrative departments shall send a copy of the filing materials to the neighborhood offices and Township People's governments where the realty service project is located.

Twenty-first property services are comprehensive services including various special services. Property service enterprises may entrust special services to professional service enterprises, but may not entrust all property services to other units or individuals.

If the realty service enterprise is not selected, the owner may agree to entrust all special services to professional service enterprises or individuals.

Twenty-second realty service enterprises shall provide high-quality and high-priced services in accordance with the realty service contract and the service standards and technical specifications stipulated by this Municipality.

Property service enterprises and related personnel shall have corresponding qualifications or entrust units and individuals with corresponding qualifications to carry out operations involving personal safety such as boilers, elevators, electricity, refrigeration, limited space and high altitude; Commissioned by the implementation, it should be clear about their respective safety management responsibilities.

Twenty-third property service enterprises shall, in accordance with the provisions of the competent price department, publicize the relevant information such as service items, service standards, charging items and charging standards in a prominent position in the property management area.

The realty service enterprise shall announce the performance of the realty service contract of the previous year, the revenue and expenditure of the realty service project and the revenue and expenditure budget of the realty service project of this year in the first quarter of each year. When the owners ask questions, the realty service enterprise shall give a timely reply. If the owners * * * cooperate with the decision or the owners' committee requests to audit the revenue and expenditure of the realty service project, the realty service enterprise shall cooperate.

Twenty-fourth before the expiration of the realty service contract, all owners shall jointly decide the realty management mode, service content, whether to replace the realty service enterprise and other matters.

Decided to renew the original realty service enterprise, it shall negotiate with the original realty service enterprise to sign a realty service contract; If it is decided to dismiss, it shall fulfill the necessary notification obligation. If the notice period is not stipulated in the contract, it shall inform the original property service enterprise three months before the expiration of the contract period and make an announcement in the property management area.

Twenty-fifth before the termination of the realty service contract, the realty service enterprise shall not stop the service.

If the realty service contract expires and the realty service enterprise decides not to renew the realty service contract, it shall fulfill the necessary obligation of informing before the contract expires; If the notice period is not specified in the contract, the owner shall be notified three months before the expiration of the contract.

Twenty-sixth property services companies did not sign a written property services contract with the owners, but in fact provided property services and fulfilled the obligation to inform, the property services companies have the right to require the owners to fulfill the relevant obligations.

If the owner * * * agrees not to accept the property service, the property service enterprise shall not forcibly provide the property service, and shall not charge the owner the property service fee on the grounds of factual service. If a realty service enterprise decides not to provide realty service, it shall inform the owner three months in advance.

Twenty-seventh realty service contract is terminated or the owners decide not to accept the factual service, the realty service enterprise shall complete the handover with all the owners within 60 days. The realty service enterprise shall perform the following handover obligations and withdraw from the realty management area:

(a) the part of property transfer;

(2) Transfer of relevant information as stipulated in Article 10 of these Measures;

(three) the use, maintenance, regular inspection and other technical data and operation and maintenance records of the property and facilities formed in the process of property service handover;

(4) Settlement of related expenses of advance receipt and collection;

(five) other matters stipulated by laws, regulations and rules and agreed in the realty service contract.

The original realty service enterprise shall not refuse to handle the handover on the grounds that the owner fails to pay the realty service fee or disagrees with the owner's decision. The original property service enterprise shall maintain the normal order of property management during the period of handover to exit the property management area, and shall not charge property service fees from the owners.

If the original realty service enterprise refuses to withdraw from the realty management area, the new realty service enterprise and the owner shall negotiate with the original realty service enterprise to solve it; If negotiation fails, it shall bring a lawsuit or apply for arbitration according to law, and shall not take over by force. Street offices, Township People's governments and housing administrative departments shall strengthen supervision over the handover of property service enterprises.

Article 28 A realty service enterprise shall appoint a project leader in accordance with the realty service contract. Unless otherwise agreed in the realty service contract, the project leader can only serve in one realty service project in principle.

Property services companies to replace the project leader, it should promptly inform the owners and publicity. If the owner * * * decides to require the realty service enterprise to replace the project leader, the realty service enterprise shall replace it in time.

Twenty-ninth owners, property service enterprises, construction units and relevant departments may entrust property service evaluation and supervision institutions to evaluate and supervise the quality of property services, service charges and the management status of some properties.

Property service evaluation and supervision institutions shall provide professional services in accordance with the relevant provisions of this Municipality, and shall not issue evaluation and supervision reports with false, misleading statements and major omissions.

Thirtieth housing administrative departments should strengthen the supervision and management of property service activities, and timely handle property service complaints.

This Municipality supports the property service industry associations to give full play to the role of service, communication and supervision, improve the self-discipline system of the property service industry, and promote the development of the property service industry. Property service industry associations can regularly publish property service cost information according to the nature of property service projects, property service content, service standards and other factors.

Chapter V Use and Maintenance of Property

Thirty-first residential property decoration, the owner or property user shall apply for registration in accordance with the provisions, and sign a residential decoration service agreement with the property service enterprise. The realty service enterprise shall publicize the decoration time and place in the building where the owner is located.

Property service enterprises should strengthen the inspection and supervision of decoration activities. If the owner or property user refuses to register or violates the relevant provisions and the decoration service agreement, the property service enterprise shall promptly inform and discourage it; Refuses to correct, the realty service enterprise shall promptly report to the relevant competent departments, and publicity in the property management area.

Thirty-second construction units to sell garages and parking spaces within the property management area, should be in accordance with the law before the sale of garages and parking spaces pre-sale permit or property registration. Garages and parking spaces planned for parking vehicles in the property management area shall not be sold to anyone other than the owners of the property management area.

If the construction unit rents the garage and parking space planned for parking vehicles in the property management area, it shall first rent it to the owners of the property management area. After meeting the needs of the owners in this area, the construction unit may lease the garage and parking space to others outside the owners in this area for a period of no more than six months. The construction unit should negotiate with all the owners when adjusting the rent.

Users of garages and parking spaces other than the owners shall abide by the provisions of the management statute on parking management.

Thirty-third property management area, water supply, power supply, gas supply, heating, communications, cable television and other professional business units shall charge the relevant fees to the end users, and bear the responsibility for the maintenance and conservation of related pipelines and facilities.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall issue an invoice to the owner of a professional business unit, and shall not collect additional fees such as handling fees from the owner, and shall not restrict or restrict professional services in disguise on the grounds that the owner is in arrears with the realty service fee.

Thirty-fourth the following emergency situations that endanger the safety of housing use need immediate maintenance, renewal and transformation, and special maintenance funds shall be used in accordance with relevant regulations:

(a) the roof waterproof damage caused by leakage;

(two) elevator failure endangers personal safety;

(three) high-rise residential water pump damage caused by the interruption of water supply;

(four) more than one-fifth of the unilateral facade of the building is in danger of falling off;

(five) special drainage facilities due to collapse, blockage, burst and other functional obstacles, endangering personal and property safety;

(six) there is a functional obstacle in the fire control system, and the fire control management department requires the maintenance, renewal and transformation of fire control facilities and equipment.

The specific measures for the use of special maintenance funds shall be formulated by the municipal housing administrative department jointly with relevant departments.

Thirty-fifth when the property is transferred, the owner shall explain to the transferee the deposit and balance of special maintenance funds, and the balance of special maintenance funds in the property ledger shall be transferred with the property at the same time.

Article 36 The construction unit shall undertake the warranty responsibility of the house and ancillary facilities and equipment according to the warranty period and scope stipulated by the state and the house sales contract. During the warranty period, the owners, property users and property service enterprises shall provide assistance and cooperation.

Thirty-seventh part of the property maintenance, conservation, renewal or transformation, the owners and users of the property shall cooperate. If the exclusive part is lost, the responsible person shall bear legal responsibilities such as restitution and compensation for losses according to law.

Article 38 When transferring or leasing the property, the owner shall inform the transferee or lessee of the management agreement, the property service contract, the payment of relevant fees and other matters, and inform the property service enterprise within 05 days from the date of signing the sales contract or lease contract.

If the owner transfers the property, it shall settle the relevant expenses with the property service enterprise and professional service enterprise.

Chapter VI Legal Liability

Thirty-ninth in violation of the provisions of article tenth of these measures, the construction unit fails to perform the handover obligations, and the district and county housing administrative departments shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 30 thousand yuan may be imposed.

Fortieth in violation of the provisions of article sixteenth of these measures, if the construction unit fails to provide relevant information to the preparatory group for the first meeting of the owners' congress, the neighborhood offices and township people's governments where the property is located shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 30 thousand yuan may be imposed.

Forty-first in violation of the provisions of article twentieth of these measures, the realty service enterprise fails to submit the contract for the record, the district and county housing administrative departments shall order it to make corrections within a time limit, and may impose a fine of 1000 yuan.

Forty-second in violation of the provisions of Article 25 and Article 26 of these measures, the realty service enterprise stops the realty service without authorization, and the district/county housing administrative department shall order it to make corrections, and may impose a fine of 1 more than 10,000 yuan 1 less than 10,000 yuan; If losses are caused, it shall be liable for compensation according to law.

Forty-third in violation of the provisions of article twenty-seventh, the original property service enterprises failed to transfer, the district and county housing administrative departments shall order the transfer within a time limit; If it is not handed over within the time limit, it may be fined up to 30,000 yuan.

In violation of the provisions of the provisions of article twenty-seventh, the original property service enterprises refused to withdraw from the property management area, the district and county housing administrative departments shall be ordered to withdraw within a time limit; Those who fail to quit within the time limit may be fined 654.38+10,000 yuan; Unable to maintain the normal order of property management, the district and county people's governments shall instruct the district and county housing administrative departments, neighborhood offices where the property is located, township people's governments and public security organs to take over.

In violation of the provisions of Article 27 of these measures, if a new realty service enterprise forcibly takes over, the district or county housing administrative department shall order it to make corrections, and may impose a fine of 1 10,000 yuan or more 1 10,000 yuan or less; If losses are caused, it shall be liable for compensation according to law.

Forty-fourth owners' committee fails to perform or fails to perform its duties, the neighborhood offices and Township People's governments where the property is located shall order it to perform its duties within a time limit; If it fails to perform within the time limit, the sub-district office and the Township People's Government shall guide and assist the owners to convene a meeting of the owners' general assembly and decide on related matters.

If the decision made by the owners' congress or the owners' committee violates laws, regulations and rules, the sub-district office and the Township People's Government where the property is located shall order it to correct or cancel its decision within a time limit and notify all the owners. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.

Chapter VII Supplementary Provisions

Forty-fifth the term "property use part" as mentioned in these Measures refers to the buildings, structures, supporting facilities, equipment and related sites managed by the owners in accordance with the regulations except the proprietary part of the owners in the property management area.

The term "all owners" as mentioned in these Measures refers to the owners' meeting after the establishment of the owners' meeting according to law.

The unanimous decision of the owners as mentioned in these Measures refers to the decision of the owners' congress; If the owners' meeting is not established according to law, it refers to the decision made by the owners according to law.

The term "exclusive area" as mentioned in these Measures refers to the construction area recorded in the house ownership certificate; Not yet registered, temporarily calculated according to the measured area of surveying and mapping institutions; Not measured, temporarily calculated according to the area recorded in the housing sales contract. The total building area refers to the total area of exclusive parts.

The term "realty service enterprise" as mentioned in these Measures includes the construction unit that provides realty service in the prophase realty service.

Article 46 These Measures shall be implemented as of 20 10 10 1. 1On July 7, 1995, the Municipal People's Government issued Order No.21,and on February 7,1997,65438+31,the Municipal People's Government issued Order No.2 12, and the Measures for the Property Management of Residential Areas in Beijing were abolished at the same time.

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