What is Gong Weijin?

Public maintenance fund, that is, public maintenance fund, refers to the funds used for the maintenance of public parts and facilities of residential buildings after the purchase. In the public use area, you can apply for the use of public maintenance funds for the main load-bearing structure of the house, or for the overhaul and transformation of public facilities such as staircases and corridors.

Treatment of maintenance fund during residential transfer

1. Treatment of maintenance fund in overall transfer of residence.

When the house is transferred, the balance of the maintenance fund paid by the original owner shall be paid by the transferee of the house to the original owner; Unless otherwise agreed by the parties to the residential transfer contract or transfer, such agreement shall prevail.

When a real estate development enterprise sells a house, it shall settle the balance of the maintenance fund paid by it on behalf of the purchaser with the transferee of the house. Where there are other provisions in the contract, such provisions shall prevail.

If the house with maintenance fund is lost before the establishment of the owners' committee, the selling unit or property management enterprise shall apply to the district or county real estate bureau with a copy of the owner's identity certificate, a copy of the house demolition permit and an application for refund of the loss of commercial housing. After examination and approval, the district/county real estate bureau will draw the remaining amount of its maintenance fund sub-account from a special bank with the payment voucher and the above information, and go through the cancellation procedures of the sub-account.

If a house with maintenance funds is lost after the establishment of the owners' committee, the owners' committee or its client shall, on the strength of the certificate of the owners' committee and the supporting documents and materials specified in the preceding paragraph, go to the account opening bank to extract the remaining amount of the maintenance fund ledger, go through the cancellation procedures of the ledger, and report it to the county real estate bureau for the record.

2, has paid the public * * * maintenance fund fees of second-hand housing treatment.

Generally speaking, the maintenance cost of residential common parts and facilities and equipment is paid by the interest of public maintenance fund. Therefore, when the buyer and the seller encounter the problem of whether the public maintenance fund should be paid by the buyer when signing the agreement, the usual solution is that the buyer and the seller finally reach an understanding through consultation.

Generally speaking, there are four treatment methods:

(1) The owner of the house extends the public maintenance fund to the customer free of charge;

(2) After negotiation between the buyer and the seller, the customer and the owner shall bear the expenses, that is, the customer shall pay 50% of the maintenance fund expenses paid by the original owner;

(3) After negotiation, the buyer and the seller shall pay the fees of the public maintenance fund according to a certain proportion. The proportional formula is (the term of house property right-the time difference between the original owner buying and selling the house) and the term of house property right;

(4) The owner of the house does not agree to distribute the public maintenance fund to the customer free of charge and is unwilling to share the cost with the customer in proportion. Therefore, if the buyer buys the house, he must bear the expenses of the public maintenance fund paid by the original owner when purchasing the house.

The buyer and the seller can solve the problem of public maintenance fund through the above-mentioned negotiation, but in general, the public maintenance fund is generally distributed to customers by the owner free of charge.

How did Gong Weijin work it out?

China's housing maintenance fund system began in 1998. In 2004, the housing maintenance fund evolved into a fee that must be paid for housing property certificate. The payment standard has also changed from 2%-3% of the purchase price at the beginning of the year to 5%-8% of the cost per square meter of residential construction and installation projects in 2008. According to the newly revised Measures for the Administration of Special Maintenance Funds for Residential Buildings in 2007, public maintenance funds are earmarked for the maintenance of public facilities in residential quarters and are owned by all owners.

Legal basis:

Measures for the Administration of the Use of Public Maintenance Funds

first

In order to strengthen the management of maintenance funds for residential * * * parts and facilities and equipment, and ensure the normal maintenance and use of residential buildings, according to the Notice of the Ministry of Construction and the Ministry of Finance on Printing and Distributing the Measures for the Management of Maintenance Funds for Residential * * * parts and the Notice of the Municipal Real Estate Bureau, the Municipal Housing Reform Office and the Municipal Finance Bureau on Collecting Residential * * * *.

second

Within the administrative area of this Municipality, these Measures shall apply to the use and management of residential public facilities and equipment maintenance funds collected according to the notices of the Municipal Real Estate Bureau, the Municipal Housing Reform Office and the Municipal Finance Bureau and other provisions.