Full text of the measures for the administration of property quality warranty fund in Shandong Province

Measures for the Administration of Property Quality Margin in Shandong Province (full text)

In order to clarify the warranty responsibility of property during the warranty period, promote real estate development enterprises and construction enterprises to improve their awareness of quality responsibility, handle quality complaints and disputes during the warranty period of property in time, and better safeguard the rights and interests of owners. According to the "Regulations on Property Management in Shandong Province" and relevant laws and regulations, the Provincial Department of Housing and Urban-Rural Development has formulated the "Measures for the Administration of Property Quality Warranty Funds in Shandong Province (for Trial Implementation)", which are hereby printed and distributed to you, please follow them.

Shandong Provincial Department of Housing and Urban-Rural Development

20 10 September 15

Measures for the Administration of Property Quality Warranty Funds in Shandong Province (for Trial Implementation) Chapter I General Provisions

Article 1 In order to strengthen the management of property quality warranty funds, safeguard the legitimate rights and interests of relevant owners, and ensure the normal use and maintenance of relevant properties during the warranty period, these measures are formulated in accordance with the Regulations of Shandong Province on Property Management and relevant laws and regulations, and combined with the actual situation of this province.

Article 2 The term "property quality warranty fund" as mentioned in these Measures refers to the funds deposited by real estate development enterprises (hereinafter referred to as development enterprises) with the property authorities in accordance with the prescribed proportion as the guarantee for fulfilling the warranty obligations during the warranty period.

Article 3 These Measures shall apply to the deposit, use, refund and supervision of the quality warranty funds for newly-built properties within the administrative area of this province.

Article 4 The management of warranty funds shall adhere to the principles of unified deposit, clear ownership, earmarking and government supervision.

Fifth provincial housing and urban construction administrative departments responsible for the guidance and supervision of the province's warranty management.

The municipal and county (city, district) property departments with districts are responsible for the supervision and management of warranty funds within their respective administrative areas.

Sixth property departments at or above the county level shall establish and improve the warranty fund management institutions, specifically responsible for the collection, accounting and refund of warranty funds; City and county (city, district) property departments with districts have set up residential special maintenance fund management institutions, which are responsible for the daily management of warranty funds.

Article 7 The management of warranty funds shall be subject to the supervision of financial and auditing departments.

Chapter II Deposits

Eighth development enterprises to build new buildings for sale, should be in accordance with the total construction and installation project cost of 3? 5% deposit quality assurance fund, the specific standards are 3% for low-rise and multi-storey buildings, 4% for small high-rise buildings and 5% for high-rise buildings.

The property administrative department of a city or county (city) divided into districts may reasonably determine the specific collection method of warranty money according to the type of property, the local actual situation and the deposit ratio specified in the preceding paragraph.

Development enterprises shall, in accordance with the provisions of these measures, transfer the project quality deposit reserved in accordance with the Interim Measures for the Administration of Construction Quality Deposit into the property quality warranty deposit, and hand it over to the property administrative department for supervision.

Ninth housing and urban and rural construction departments at all levels should actively encourage development enterprises to build quality projects and establish brand awareness. Approved by the real estate administrative department in conjunction with the real estate development administrative department, the warranty standard can be appropriately reduced according to the credit status, qualification level and after-sales service system of the development enterprise, and the following provisions shall be observed:

(a) the development enterprise has purchased the engineering quality liability insurance, and the insured property may not be deposited in the warranty fund;

(2) For the development projects with Grade 3A, Grade 2A and Grade 1A that have passed the residential performance certification, the project warranty payment can be reduced or refunded by 3, 2 and 1 percentage point respectively;

(3) Projects that have won national excellent engineering awards such as Guangsha Award and Luban Award, provincial excellent engineering awards such as provincial excellent residential quarters and Taishan Cup, and municipal excellent engineering awards such as municipal excellent residential quarters can be returned 3, 2 and 1 percentage point respectively after winning the project;

(4) For projects with sound quality assurance system and after-sales maintenance service system, high enterprise credit rating or quality control measures for early property management in place, the deposit standard may be appropriately reduced, but the maximum is not more than 1 percentage point.

According to the cumulative calculation in Items (2) to (4) of the preceding paragraph, the actual deposit ratio shall not be less than 1% of the total construction and installation cost of the property.

Article 10 The real estate administrative department may, according to the local project cost level, uniformly verify the average amount of all kinds of construction and installation expenses, and inform the development enterprises and the supervision departments of the pre-sale payment of commercial housing of the standard and specific amount of the warranty payment deposited by the development enterprises.

Eleventh development enterprises have objections to the amount of warranty money, should be within 7 days after receiving the letter to the property administrative department for review, the property administrative department shall timely review and put forward opinions.

Twelfth development enterprises in the delivery of commercial housing to the owners, should be a one-time full deposit warranty funds into the account designated by the real estate department.

Article 13 For the project subject to the supervision of pre-sale funds of commercial housing, the supervision department of pre-sale funds shall, before the delivery of commercial housing, transfer the specified amount of warranty money from the pre-sale funds to the designated special account at one time according to the requirements of the real estate administrative department, and inform the development enterprise.

Article 14 When the property administrative department collects the warranty money, it shall issue a special bill supervised by the financial administrative department.

Fifteenth in the delivery of commercial housing, the development enterprise shall provide the owner with the warranty deposit certificate.

The development enterprise shall not deliver the commercial housing to the owner for the project that has not paid the warranty money, and the owner has the right to refuse to accept it. The relevant departments shall not handle the formalities of comprehensive acceptance and filing of commercial housing and registration of housing ownership.

Article 16 If the development enterprise fails to deposit the warranty money according to the provisions of these Measures, the real estate administrative department shall order it to pay within a time limit; If the overdue payment is still not made, from the date of overdue, an overdue fine of three thousandths of the overdue part will be charged on a daily basis, and it will be punished according to law.

The property administrative department shall promptly notify the development administrative department of the deposit of the warranty fund by the development enterprise, as the basis for the development enterprise to handle the comprehensive acceptance and filing of the development project. The competent department of development shall record the deposit of warranty funds in the credit files of development enterprises and link them with social credit evaluation.

Chapter III Use

Seventeenth during the warranty period, the property quality problems need to be repaired, and the development enterprise fails to fulfill its warranty obligations or cannot fulfill its warranty obligations due to closure, bankruptcy and other reasons, and can use the warranty money in accordance with the relevant provisions of these Measures.

Eighteenth under normal use conditions, the national and provincial provisions of the commodity housing warranty scope and minimum warranty period is:

(a) the basic engineering, main structure engineering and infrastructure engineering of the building, and the reasonable service life of the project as stipulated in the design documents;

(two) the roof waterproof project is not less than 5 years, and the bathroom, room and external wall with waterproof requirements are not less than 5 years;

(three) the external thermal insulation project of the external wall is not less than 5 years;

(4) heating and cooling system, which consists of heating period and cooling period;

(five) electrical pipelines, water supply and drainage pipelines, equipment installation project for 2 years;

(six) the renovation project of commercial housing renovated by the development enterprise is 2 years.

The warranty period and scope of other projects are agreed by the development enterprise and the owner in the commercial housing sales contract and quality guarantee.

The warranty period of the Commodity House shall be calculated from the delivery date of the Commodity House.

Nineteenth the following situations do not belong to the scope of warranty, and the warranty money should not be used for maintenance:

(a) the property quality problems caused by improper use of the property by the owners or unauthorized changes in the housing structure, equipment location and improper decoration;

(two) the quality of professional operating facilities and equipment built by non-development enterprises;

(3) Property quality problems caused by force majeure.

Twentieth exclusive parts of the property can use the warranty money, and the relevant owners can apply for the use of the warranty money.

When the warranty money can be used for the parts and facilities of the property, the property service enterprise and the owners' committee shall apply to the property administrative department for the use of the warranty money; If the owners' committee has not been established, the property service enterprise and the owners' elected representatives may apply to the property administrative department for the use of the warranty fund.

Twenty-first real estate administrative departments shall, after receiving the application, verify the development enterprise and review the application matters. After verification and examination, it is decided to use the warranty fund, and the realty service enterprise or other construction units with corresponding construction qualifications shall be determined to carry out maintenance.

Twenty-second maintenance units shall prepare maintenance plans and budgets, and report them to the property administrative department for review before organizing maintenance.

Property service enterprises and construction units that carry out maintenance shall reasonably control the maintenance costs. After the maintenance is completed, they should fill in the List of Property Maintenance Project Expenses, which will be signed by the applicant for confirmation.

Article 23 The property administrative department shall, after receiving the list of property maintenance costs, verify the relevant information, and within 20 days, transfer the money to the applicant or the maintenance unit to use the warranty fund, and the maintenance costs shall be charged from the warranty fund.

Twenty-fourth development enterprises have objections to the maintenance responsibility, it should be entrusted to the engineering quality testing institutions for testing.

When the property administrative department deems it necessary, it may also order the development enterprise to entrust an engineering quality inspection agency to inspect related property quality problems.

Twenty-fifth emergency repair accidents involving structural safety or seriously affecting the use of functions, the owners or property services companies can repair first, and should keep relevant evidence. After the responsibilities are clear, those who meet the conditions for the use of warranty funds as stipulated in these Measures may apply for the use of warranty funds to pay off.

Twenty-sixth after the use of the warranty, the property administrative department shall, within 30 days from the date of settlement of the maintenance project, inform the development enterprise of the details of the use of the warranty.

Chapter IV Supervision and Refund

Twenty-seventh city property authorities should open a special account in the local commercial bank to store the warranty money.

The longest storage period of the warranty fund is 5 years, and the interest will be calculated according to the deposit rate published by the People's Bank of China for the same period.

Twenty-eighth property departments should regularly publish the deposit, use and refund of relevant warranty funds in the form of convenient access for relevant owners every year, and accept the supervision of owners and development enterprises.

Article 29 If the development enterprise actively cooperates with and earnestly performs the corresponding warranty obligations, the property administrative department shall refund the principal and interest balance of the corresponding part of the warranty fund of the development enterprise within 30 days after the warranty period of each branch project expires.

Thirtieth serious quality defects occur during the warranty period of the property, and after repeated maintenance, there are still quality problems that affect the normal use of the property after the expiration of the warranty period, and the warranty money will not be refunded until the relevant quality problems are repaired.

Chapter V Supplementary Provisions

Thirty-first cities divided into districts may, in accordance with these measures and combined with the actual situation of this Municipality, formulate detailed rules for the implementation of the measures for the administration of warranty funds within their respective administrative areas.

Article 32 These Measures shall be formulated and interpreted by the Provincial Department of Housing and Urban-Rural Development.

Article 33 These Measures shall be implemented as of the date of promulgation.

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