New regulations on property management in 2022

(the State Council Order No.379 of the People's Republic of China was promulgated on June 8, 2003. The first revision was based on the Decision of the State Council on Amending the Regulations on Property Management on August 26, 2007, and the second revision was based on the Decision of the State Council on Amending Some Administrative Regulations on February 6, 20/KLOC-0.

Chapter I General Provisions

Article 1 These Regulations are formulated in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people.

Article 2 The term "property management" as mentioned in these Regulations refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise carry out maintenance, conservation and management of the house, supporting facilities, equipment and related sites in accordance with the provisions of the property service contract, so as to maintain the environmental sanitation and related order in the property management area.

Article 3 The State encourages owners to choose property service enterprises through an open, fair and just market competition mechanism.

Article 4 The State encourages the adoption of new technologies and methods, and relies on scientific and technological progress to improve the level of property management and service.

Fifth the State Council construction administrative departments responsible for the supervision and management of the national property management activities.

The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.

Chapter II Owners and Owners' Congress

Article 6 The owner of a house is the owner.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

Seventh owners in the property management activities, fulfill the following obligations:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Eighth property management area of all owners of the owners' meeting.

The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

The first property management area in Kujou Hajime established the owners' meeting.

The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 10 Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located, or the neighborhood offices and township people's governments, set up owners' meetings and elect owners' committees. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.

Eleventh the following matters shall be decided by the owner * * *:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Twelfth owners' meeting can be in the form of collective discussion, but also in the form of written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area.

The owner may entrust an agent to attend the meeting of the owners' congress.

The owners' meeting decides the matters specified in Item (5) and Item (6) of Article 11 of this Ordinance, which shall be agreed by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number; Other matters stipulated in Article 11 of these regulations shall be decided by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

The decisions of the owners' congress or the owners' committee are binding on 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.

Thirteenth owners' meeting is divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20% of the owners, the owners' committee shall organize an interim meeting of the owners' congress.

Article 14 A meeting of the owners' congress shall be held, and all owners shall be notified before the meeting 15.

The meeting of the owners' assembly of residential quarters shall notify the relevant residents' committees at the same time.

The owners' committee shall keep the minutes of the owners' meeting.

Fifteenth owners' committee to implement the decisions of the owners' congress, perform the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(four) the implementation of the supervision and management system;

(five) other duties entrusted by the owners' congress.

Article 16 The owners' committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people's government, the subdistrict office and the township people's government where the property is located.

Members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability.

The chairman and deputy directors of the owners' committee are elected from among the members of the owners' committee.

Article 17 The management statute shall stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners shall perform and the responsibilities that they shall bear if they violate the management statute.

Management regulations shall respect social morality and shall not violate laws and regulations or harm public interests.

Management regulations are binding on all owners.

Article 18 The rules of procedure of the owners' congress shall stipulate the methods of discussion, voting procedures, the composition of the owners' committee and the term of office of the members.

Nineteenth owners' congress and owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department of the district or county people's government or the neighborhood office or the Township People's government where the property is located shall order it to correct or revoke its decision within a time limit and notify all the owners.

Twentieth owners' congress and owners' committee shall cooperate with public security organs and residents' committees to do a good job in maintaining social order in the property management area.

In the property management area, the owners' congress and the owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision.

The decisions made by the owners' assembly and the owners' committee of residential quarters shall inform the relevant residents' committees and listen carefully to the suggestions of the residents' committees.

Chapter III Early Property Management

Twenty-first in the owners' meeting, the owners' meeting to hire a property service enterprise, the construction unit to hire a property service enterprise, it shall sign a written preliminary property service contract.

Article 22 The construction unit shall formulate a temporary management statute before selling the property, and make an agreement on the use, maintenance and management of the property, the interests of the owner, the obligations that the owner should perform, and the responsibilities that the owner should bear if he violates the temporary management statute.

The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.

Twenty-third the construction unit shall express the temporary management agreement to the property buyer before the property is sold, and explain it.

When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management agreement.

Article 24 The State encourages construction units to select and employ property service enterprises through bidding in accordance with the principle of separating real estate development from property management.

The construction unit of residential property shall select the realty service enterprise through bidding; If the number of bidders is less than three or the residential scale is small, with the approval of the real estate administrative department of the district or county people's government where the property is located, the property service enterprise may be selected by agreement.

Article 25 The sales contract signed between the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.

Twenty-sixth prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.

Twenty-seventh owners shall not dispose of the ownership or use right of the * * * parts and * * * facilities and equipment of the property according to law.

Twenty-eighth property services companies to undertake the property, the property should be * * * parts, * * facilities and equipment for inspection.

Twenty-ninth in the property acceptance procedures, the construction unit shall hand over the following information to the property service enterprise:

(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(2) Technical data such as installation, use and maintenance of facilities and equipment;

(three) property quality warranty documents and property use documents;

(four) other information required for property management.

When the prophase realty service contract is terminated, the realty service enterprise shall hand over the above information to the owners' committee.

Thirtieth the construction unit shall, in accordance with the provisions, configure the necessary property management space in the property management area.

Article 31 The construction unit shall undertake the warranty responsibility of the property according to the warranty period and scope stipulated by the state.

Chapter IV Property Management Services

Thirty-second enterprises engaged in property management activities should have independent legal personality.

The State Council construction administrative departments shall, jointly with relevant departments, establish a joint incentive mechanism for trustworthiness and a joint disciplinary mechanism for dishonesty, and strengthen the integrity management of the industry.

Article 33 A property management area is managed by a property service enterprise.

Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Thirty-sixth property services companies to undertake the property, it should cooperate with the owners' committee for property acceptance procedures.

The owners' committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the realty service enterprise.

Article 37 The ownership of property management houses belongs to the owners according to law. Without the consent of the owners' meeting, the property service enterprise shall not change the use of the property management house.

Thirty-eighth when the realty service contract is terminated, the realty service enterprise shall return the property management room and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee.

When the realty service contract is terminated, if the owners' congress selects a new realty service enterprise, the realty service enterprise shall do a good job of handover.

Article 39 A realty service enterprise may entrust the special service business within the realty management area to a professional service enterprise, but may not entrust all the realty management within the area to others.

Fortieth property service charges should follow the principles of rationality, openness and the adaptability of fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Forty-first owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Forty-second price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.

Article 43 A realty service enterprise may, upon the entrustment of the owners, provide services beyond those stipulated in the realty service contract, and the service remuneration shall be agreed upon by both parties.

Forty-fourth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units should charge the relevant fees to the end users.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

Forty-fifth of the property management area in violation of public security, environmental protection, property decoration and use of laws and regulations, property service enterprises should be stopped, and timely report to the relevant administrative departments.

After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.

Forty-sixth property service enterprises should assist in the safety work within the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work.

The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.

Article 47 The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations.

If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.

Forty-eighth real estate administrative departments of local people's governments at or above the county level shall promptly handle complaints from owners, owners' committees, property users and property service enterprises in property management activities.

Chapter V Use and Maintenance of Property

Forty-ninth public buildings and facilities built according to the plan in the property management area shall not be changed.

If the owners need to change the use of public buildings and facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.

Fiftieth owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners.

Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.

Article 51 Water supply, power supply, gas supply, heat supply and communication