Chapter III Property Management in Early Stage of Shaanxi Property Management Regulations

Section 1 Division of Property Management Areas Property management areas are specifically divided according to the following provisions:

(a) according to the scope of the red line map determined by the planning permit for the construction land of the property project;

(two) the main supporting facilities and related sites of the property should be divided into one property management area, but if the main supporting facilities and related sites can be used independently, they can be divided into different property management areas;

(three) the use of the main supporting facilities and related sites in the area where property management has been implemented shall be divided into one property management area; If the main supporting facilities and related sites can be used separately, they can be divided into different property management areas with the consent of the owners' meeting;

(four) different property management areas are geographically and naturally connected, and can be merged into one property management area with the consent of their respective owners' meetings.

The division of disputed property management areas shall be determined by the county (city, district) property management administrative department in conjunction with the neighborhood offices or township people's governments where the property is located. New construction projects to implement property management, the construction unit in the application for construction project planning permit at the same time, to the county (city, district) property management administrative departments to apply for the division of property management areas.

County (city, district) property management administrative departments shall, within 30 days from the date of acceptance, divide the property after soliciting the opinions of the neighborhood offices or township people's governments where the property is located, and inform the construction unit in writing.

Section 2 Pre-property management After the completion and acceptance of the construction project in the newly-built residential planning area, the ancillary facilities and equipment shall meet the following conditions before being delivered for use:

(a) domestic water into the public water supply pipe network, and water supply to households;

(two) electricity into the power supply network, shall not use temporary construction electricity;

(3) discharging rainwater and sewage into the rainwater and sewage discharge system;

(four) in the area covered by urban pipeline gas and central heating backbone network, complete the laying of indoor and outdoor residential gas and heating pipelines and connect them with the corresponding pipe network, and install household gas metering devices and heat metering devices;

(five) telephone communication lines, cable TV lines and broadband data transmission information ports are laid to households, safety monitoring devices and other safety facilities and equipment, letter boxes, etc. Whether it is in place according to the planning and design requirements;

(six) residential roads are directly connected with urban roads or highways;

(seven) in accordance with the planning requirements to complete the construction of residential garage, public service facilities and public fire control facilities, with the necessary green land and facilities;

(eight) the residential area built by stages, and its related supporting facilities shall meet the requirements of delivering some basic functions;

(nine) other conditions stipulated by laws, regulations and rules. The construction unit shall, before the new residential building is delivered for use, organize the relevant departments and professional business units to conduct acceptance of the residential area in accordance with the provisions of the preceding paragraph, and handle the filing procedures for the delivery and use of the new residential building with the municipal or county (city) construction administrative department.

The construction unit shall, when handling the filing procedures for the delivery and use of new residential buildings, provide the completion acceptance documents of new residential construction projects, as well as the relevant documents and materials that the ancillary facilities and equipment listed in the first paragraph meet the delivery conditions. The construction unit shall, in accordance with the principle of separation of real estate development and property management, gradually employ qualified property service enterprises by means of bidding.

The construction unit of residential property shall select and employ property service enterprises with corresponding qualifications through bidding; If there are fewer than three bidders or the residential scale does not exceed 30,000 square meters, with the approval of the property management administrative department of the county (city, district) where the property is located, a property service enterprise with corresponding qualifications can be selected by agreement. The construction unit shall publicize the temporary management agreement after filing in the sales place.

The sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the preliminary property service contract, and specify the time, standard and method for the property buyer to pay the preliminary property management service fee.

When signing a sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management statute. The construction unit shall hand over the following materials to the realty 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) * * * list of facilities and equipment;

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

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

(5) List of owners;

(six) 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.

The construction unit shall, within ten days from the date of the election of the owners' committee, hand over the land use certificate and property management title certificate of the property management area to the owners' committee. In the newly-built property management area, the construction unit shall allocate property management houses in accordance with the following provisions:

(a) the property construction area of less than three hundred thousand square meters, according to the property construction area of 3 ‰, but the minimum shall not be less than one hundred square meters;

(2) If the building area of the real estate exceeds 300,000 square meters, except for 3‰ of the 300,000 square meters, the excess part shall be provided according to the standard of 1‰;

(three) with basic functions such as water and electricity, and the construction area above the ground is not less than 50% of the construction area of the property management house. The office space of the owners' committee is transferred from the property management space, with a construction area of not less than.

Thirty square meters.

Property management houses belong to all owners, and property rights are registered according to law. Construction units and property service enterprises shall not change their uses. The owners' committee shall not transfer or use the realty service house for other purposes. When applying for the pre-sale permit of commercial housing and handling the initial registration of ownership, the construction unit shall provide the area and location of the property service room, and publicize it when the commercial housing is pre-sold or sold.

City and county (city) real estate administrative departments with districts shall indicate the area and location of property services in the real estate register, and the owners have the right to inquire. Enterprises engaged in property management services shall obtain property management qualification certificates according to law.

Property management professionals shall obtain professional qualification certificates in accordance with the relevant provisions of the state. The owners' congress may decide to hire a realty service enterprise with corresponding qualifications through bidding or agreement.

If the owners' congress decides to hire a realty service enterprise through bidding, the owners' committee shall organize bidding and sign a realty service contract with the successful realty service enterprise on behalf of the owners.

If the owners' congress decides to hire a realty service enterprise by agreement, the owners' committee shall publicize the basic information of two or more alternative realty service enterprises and the main contents of the realty service contract to be signed within the realty management area. The owners' committee shall, according to the opinions of most owners, adjust the publicity content and submit it to the owners' congress for voting. The realty service contract shall include the following contents:

(a) the basic situation of the property;

(2) The rights and obligations of the entrusting party and the entrusted party;

(3) Property management service items and service standards;

(four) the standard and collection method of property management service fees;

(five) the maintenance and repair requirements of the property;

(6) Term, modification and dissolution of the contract;

(seven) the way to transfer the property information and property at the termination of the contract;

(eight) the liability for breach of contract and the way to resolve disputes;

(nine) the management and use of special maintenance funds;

(10) Property management services;

(eleven) other matters agreed by both parties.

The model text of the realty service contract shall be formulated by the provincial construction administrative department. Property services companies can provide the following services:

(a) the operation, maintenance, conservation and management of the * * * parts and facilities of the property;

(two) the cleanliness of the property and related sites, the collection and removal of garbage, and the dredging of rainwater and sewage pipelines;

(three) the maintenance and management of public greening;

(four) to assist in the management of public order maintenance, security and other matters;

(five) vehicle parking management services to ensure smooth roads;

(six) property archives and data management;

(seven) decoration management services;

(eight) other matters stipulated in the realty service contract. The realty service enterprise shall not make unfair and unreasonable provisions to the owners by means of notices, statements and notices. , or reduce or exempt its responsibility to damage the legitimate rights and interests of the owners. Property service charges shall follow the principles of fairness, reasonableness and consistency in quality and price, and shall be set by the government, guided by the government and regulated by the market respectively.

The charging standard and form of property services shall be agreed in the property service contract by the construction unit or the owner and the property service enterprise in accordance with the provisions of the state and the province on the price of property services, and shall be filed with the competent price department.

The realty service enterprise shall publicize the service contents, service standards, charging items and charging standards within the realty management area. Water supply, power supply, gas supply, heating and other professional business units shall, in accordance with the following provisions, charge relevant fees to the end users in the property management area:

(a) for the owner's own use, it shall be charged to the owner according to the value displayed by the household measuring instruments;

(two) part of the owners * * * shared use, shared by the relevant owners;

(three) all owners * * * with, shared by all owners;

(four) the use of property services companies shall be borne by the property services companies.

The realty service enterprise shall publish the calculation method of the total amount of water and electricity in the realty management area, the total amount of water and electricity used by the owner, the amount of water and electricity used by the realty service enterprise and the amount and cost of water and electricity sharing every month. Property service enterprises shall not change government pricing when collecting water and electricity charges. Water supply, power supply, heating and other professional business units entrust the realty service enterprise to collect relevant fees, and shall pay the handling fee to the realty service enterprise. The realty service enterprise shall not charge additional fees such as handling fees to the owners.

Water supply, power supply, heating and other professional business units shall not stop providing services because property service enterprises refuse to charge related fees.

Water supply, power supply, heating and other professional business units in violation of the provisions of the preceding paragraph, causing losses to the owners and property service enterprises, shall be liable for compensation. Three months before the expiration of the realty service contract, the owners' committee shall organize a general meeting of owners to decide on hiring or renewing the realty service enterprise. If a realty service enterprise decides not to renew the realty service contract, it shall inform the owners' committee in writing three months before the expiration of the realty service contract.

If the owners' congress decides to renew their employment, the owners' committee shall renew the realty service contract with the realty service enterprise seven days before the expiration of the realty service contract.

If the owners' congress decides to hire a new realty service enterprise, the original realty service enterprise shall withdraw from the realty management area within 15 days from the date of termination of the realty contract. When a realty service enterprise withdraws from the realty management area, it shall hand over the following materials and property to the owners' committee, and cooperate with the new realty service enterprise to do a good job of handover:

(a) the balance of funds owned by the owner;

(2) Information specified in Article 53;

(3) Property service rooms;

(four) technical information on property maintenance and conservation;

(five) the fixed facilities and equipment owned by the owners during the property management period;

(six) other materials and property that should be handed over.

Property service enterprises shall not damage, conceal or destroy property information and property. Owners, owners' committees, property service enterprises and construction units may request the neighborhood offices or township people's governments where the property is located for mediation in case of disputes in property management service activities, or they may bring a civil lawsuit or apply for arbitration according to law.

Owners, owners' committees and property service enterprises may complain and report to the property management administrative department and other relevant departments for acts in violation of these regulations, and the relevant departments shall promptly investigate and verify them and deal with them according to law.