On property acceptance in property management

The promulgation of "Property Management Regulations" is of great significance for ending the situation that there is no unified legislation on property management in China and standardizing property management, thus providing a basic legal system framework for chaotic property management. However, in the past few years since the implementation of the Property Management Regulations, mass social contradictions caused by property management disputes have also frequently appeared in newspapers and become hot spots of social complaints.

Due to information asymmetry, owners often blame the property quality responsibility that should be borne by the construction unit on the property management enterprises, which intensifies the contradiction between the owners and the property management enterprises. Therefore, a wise and standardized property management enterprise should attach great importance to the acceptance of property, which is the starting point and foundation for the specific implementation of property management in the future. Defining the present situation and defects of the original parts and facilities of the property is the dividing point to distinguish the property management enterprises from the main responsibility transfer.

What is property acceptance? Property acceptance refers to the inspection of the parts, facilities and equipment used by property management enterprises for the implementation of property management, and the transfer of relevant property information. To sum up, property management is nothing more than two contents, namely, the management of things and the service to people. The premise of property management of property management enterprises must be based on the original property, and its main responsibility is to maintain the existing residential property and ensure the normal use of the property.

Property acceptance is different from completion acceptance and property buyer's acceptance of property. Acceptance refers to the acceptance of property management by property management enterprises; Completion acceptance refers to the completion of a construction project, which is carried out by the design, construction, project supervision and other relevant units after the construction unit receives the completion report of the construction project; Property buyer's acceptance of property refers to the behavior that the construction unit delivers the commercial housing that has passed the completion acceptance to the property buyer, and the property buyer undertakes the property. The main differences among them are as follows: First, the contractual relationship is different. The completion acceptance reflects the contractual relationship between the construction unit and the construction unit, the property buyer's commitment to the property reflects the contractual relationship of property sales, and the commitment acceptance reflects the contractual relationship of property services between the construction unit and the property management enterprise, the property management enterprise and the owners' committee. Second, the recipients are different. The acceptance subject of the completion acceptance is the construction unit, and the acceptance subject of the property in the property sales contract is the property buyer (owner), and the acceptance subject is the property management enterprise and the owners' committee; Third, the scope of investigation is different. The completion acceptance is the comprehensive quality inspection of the construction project, and the acceptance is the inspection of the parts, facilities and equipment used by the property management enterprise and the receipt of the property information; Theoretically, buyers have the right to inspect their own proprietary parts, parts, facilities and equipment according to laws, regulations and contracts, but in fact, because buyers are non-professionals, when accepting the property, the inspection of the property is usually just a formality. Therefore, inspection is a passive right for the owners, and it plays a role from the perspective of safeguarding rights when the quality responsibility is investigated after the property has quality problems.

Fourth, the inspection standards are different. The completion acceptance shall comply with Article 16 of the Regulations on Quality Management of Construction Projects in the State Council and Article 5 of the Interim Provisions on Completion Acceptance of Housing Construction Projects and Municipal Infrastructure Projects of the Ministry of Construction. The property buyer's acceptance of the property shall not only comply with the provisions of Article 7 of the Measures for the Administration of Commercial Housing Sales of the Ministry of Construction, but also comply with the agreed contents of the property sales contract. Although this clause is a provision for real estate development enterprises to deliver property, for property buyers, part of this clause should be a prerequisite for them to decide whether to accept the property; There is no clear stipulation on the inspection content in the acceptance. However, according to the second paragraph of Article 6 1 of the Building Law, "the building project can not be delivered until it has passed the completion experience", the property management enterprise should inspect the parts and facilities of the property on the basis of this bottom line, so as to facilitate the smooth implementation of property management in the future. For details, please contact 65438+

It is worth noting that in the three legal relationships, although the scope of the subject matter is different, it basically points to the same property. In practice, people often confuse the rights and obligations among them. For example, when the owner raised the quality problems of the parts and facilities used by the property, some construction units thought that this part had been accepted by the property management enterprise when it was handed over to the property management enterprise, and refused to undertake the maintenance responsibility. This actually confuses the obligations that the construction unit should undertake in different legal relationships. Acceptance can only bind the two parties (the construction unit and the property management enterprise) who signed the contract, and may not confront the third party. In other words, when a property quality dispute occurs between the construction unit or the property management enterprise and the owner, the construction unit or the property management enterprise shall not take the acceptance as the basis against the owner. If the owner finds the property quality problem, the owner has the right to investigate the responsibility of the construction unit for breach of contract according to the property sales contract.

Content of property acceptance: The content of property acceptance varies with the subject and time of property transfer. Articles 28 and 29 of the Property Management Regulations stipulate the legal obligations and rights of property management enterprises to undertake property acceptance during the early property management period, and the contents are relatively complete. Therefore, this paper focuses on the acceptance of property at this stage, while in other cases, such as the acceptance of old residential areas, due to imperfect property information, it is objectively impossible to hand over relevant information in accordance with the provisions of Article 29 of the Regulations. Therefore, the acceptance of other properties can be based on the acceptance of the previous property management stage, and the transfer items can be added or reduced in the contract as appropriate. In the early stage of property management, the acceptance of property management enterprises includes two aspects:

(1) It is of great significance to inspect the parts, facilities and equipment used in the property;

First, it is helpful to find out the situation, understand the performance and characteristics of the property, and facilitate the property management enterprises to take appropriate measures to maintain the property according to the actual situation, so as to ensure the normal use of the property. This is particularly important in the early stage of property service, because the early stage of property management is the beginning of property management in a property management area. Through careful inspection, defects and hidden dangers are found in time, and the construction unit is urged to maintain and remedy in time, laying a good foundation for subsequent property management.

Second, it helps to distinguish responsibilities and reduce property management disputes. In practice, some property management companies are subsidiaries of construction units or are eager to undertake business.

These enterprises do not carefully inspect the property, or just become a mere formality. Once there is a quality problem, some owners think that the property management company is not well maintained, and the property management company thinks that the property handed over by the construction unit has quality defects, so it shirks its responsibility with the construction unit. Many property management companies have assumed the responsibility of property maintenance that should have been borne by the construction unit. Therefore, in the early stage of property management, property management enterprises must conscientiously do a good job of handover inspection with the construction unit.

(2) Transfer of property right information

Property information belongs to the important basic information of property management. Doing a good job in the handover of property information is helpful for property management enterprises to inspect the parts and facilities of the property, especially the concealed works such as underground pipe network. Only by mastering the relevant location distribution information can property management enterprises find problems in time and deal with emergencies quickly. According to the Property Management Regulations, the materials handed over by the construction unit to the property management enterprise include: 1. Completion general plan, single building, structure and equipment completion drawings, supporting facilities and underground pipe network project completion drawings and other completion acceptance data; 2. Technical data on installation, use and maintenance of facilities and equipment; 3. Property quality warranty documents and property use instruction documents; 4. Other information required for property management. When the prophase realty service contract is terminated, the realty management enterprise shall hand over the above information to the owners' committee.

The legal responsibility in property acceptance refers to the behavior that the construction unit does not hand over the relevant information to the property management enterprise, and the property management enterprise does not hand over the relevant information to the owners' committee. The Property Management Regulations stipulate the corresponding legal responsibilities. In practice, due to the incomplete information handed over by the construction unit, the property management enterprises in the early stage did not claim the information transfer to the construction unit in time, which led to the incomplete information of the relevant property, and the owners could not fully understand the situation of the whole property management area and ancillary facilities, which brought great difficulties to property management. Therefore, the Property Management Regulations set corresponding legal responsibilities for this. Article 59 stipulates that the legal liabilities of construction units and property management enterprises for such illegal acts mainly include:

(a) shall be ordered to make corrections within a time limit. For illegal acts such as construction units and property management enterprises, the real estate administrative departments of local people's governments at or above the county level shall first order them to hand over the relevant information of undertaking the property to the property management enterprises within the specified time. In practice, in the early stage of property management, property management companies were hired by construction units, and some even invested by construction units. Therefore, even if the construction unit fails to hand over the relevant information according to law, the property management enterprise does not actively advocate the right to hand over the information to the construction unit, resulting in the infringement of the owner's rights. At this time, because the owners' committee has not been established, whether a single owner can advocate information transmission and safeguard the owners' rights and interests on behalf of the owners who have moved in and have potential has become a blank point in the Property Management Law.

(2) notification and fines. If the construction unit or the property management enterprise fails to hand over the relevant materials within the time specified by the real estate administrative department, the real estate administrative department of the local people's government at or above the county level shall notify it and impose a fine of 654.38 million yuan or more and 654.38 million yuan or less on the construction unit. The "notification" here is not an administrative punishment, but a means of administrative supervision by the real estate administrative department to "criticize" the behavior of the administrative counterpart in violation of the administrative order and publicize it within a certain range.

In short, property acceptance involves the tripartite relationship among the construction unit, the property management enterprise and the owner. It is very important for property management enterprises to take the initiative to intervene in the early stage, do a good job in property acceptance, clarify the responsibility for property defects, and avoid property management disputes caused by property quality problems in property management.