Regulations of Chengdu Municipality on the Administration of Housing Use Safety

Regulations of Chengdu Municipality on the Administration of Housing Use Safety

(adopted at the 2nd1meeting of the Standing Committee of the 15th Chengdu Municipal People's Congress on February 22nd, 2006, and approved at the 23rd meeting of the Standing Committee of the 11th Sichuan Provincial People's Congress on May 27th, 2006; According to the Decision on Amending the Regulations on the Safety Management of Housing Use in Chengdu adopted by the Standing Committee of the 16th Chengdu Municipal People's Congress on February 26th, 2014th and approved by the Standing Committee of the 12th Sichuan Provincial People's Congress on May 26th, 2016th).

catalogue

Chapter I General Principles

Chapter II Persons Responsible for House Use Safety

Chapter III Supervision and Administration on the Safety of House Use

Section 1 General Provisions

Termite control in the second quarter

Section 3 Decoration and Decoration Management

The fourth quarter safety appraisal

Section 5 Risk Management

Chapter IV Safety Supervision and Management of Self-built Houses

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Principles

Article 1 In order to ensure the use safety of urban and rural houses and the personal and property safety of natural persons, legal persons and other organizations, these Regulations are formulated in accordance with the Property Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC) and other laws and regulations, combined with the actual situation in Chengdu.

Article 2 These Regulations shall apply to the safety management and supervision activities of legally built houses within the administrative area of Chengdu.

Where there are other provisions in laws and regulations on the use and safety management of houses in military protected areas, places for religious activities, cultural relics protection units, scenic spots and nature reserves, those provisions shall prevail.

Article 3 The term "house use safety management" as mentioned in these Regulations refers to the safety management activities such as inspection, maintenance, termite control, safety appraisal, maintenance and reinforcement, risk management and decoration management during the use of houses.

The fire safety of houses and the use safety management of elevators, gas, electricity, water supply and other professional facilities and equipment shall be implemented in accordance with the provisions of relevant laws, regulations and rules.

Fourth housing use safety management should follow the principle of prevention first, combining prevention with control, ensuring safety and saving resources.

Article 5 The municipal real estate administrative department is the competent department of housing safety in this Municipality, and its subordinate municipal housing safety management institutions are specifically responsible for the supervision and management of housing safety in this Municipality.

District (city) county real estate administrative departments shall be responsible for the supervision and management of the safety of housing use within their respective jurisdictions in accordance with the division of responsibilities.

Sub-district offices and town (township) people's governments shall be responsible for the supervision and management of the use safety of self-built houses within their respective jurisdictions, and accept the business guidance of the district (city) and county real estate administrative departments.

The administrative departments of planning, construction, production safety, quality supervision, education, health, culture, sports, prices and other public security organs and administrative departments for industry and commerce shall implement these regulations according to their respective responsibilities.

The real estate administrative departments and housing safety management institutions mentioned in the first to third paragraphs of this article are hereinafter collectively referred to as "real estate administrative departments".

Article 6 The people's governments at all levels shall include the special funds for the supervision and management of housing use safety in the financial budget to ensure the needs of the supervision and management of urban and rural housing use safety.

Seventh real estate administrative departments should strengthen the publicity and education of housing safety knowledge and improve the public's awareness of housing safety.

Any unit or individual has the right to report and complain about acts that endanger the safety of housing use. Real estate administrative departments or neighborhood offices, town (township) people's governments shall promptly accept and investigate according to law in accordance with their statutory duties.

Chapter II Persons Responsible for House Use Safety

Article 8 Before the new house is delivered for use, the development and construction unit shall submit the housing quality guarantee letter, housing instruction manual and other relevant documents to the transferee, and clearly inform the transferee of the basic situation, performance indicators, use and maintenance requirements, warranty scope and duration.

The development and construction unit shall, in accordance with the provisions of laws and regulations and the contract, assume the responsibility for the warranty and governance of housing quality defects during the warranty period. Among them, the warranty and governance responsibility of the building foundation and main structure shall be borne by the development and construction unit within the service life of the building specified in the statutory design documents. However, the damage caused by improper use, third party infringement or force majeure is excluded.

Ninth after the expiration of the warranty period, the owner is responsible for the safety of the use of the house. If the house is owned by the state or the collective, the owner is the person responsible for housing safety.

The confirmation of the owner shall be subject to the records in the house register. Under any of the following circumstances, a natural person, legal person or other organization that has not registered the ownership of the house but has legally occupied the house shall be regarded as the owner:

Legal interpretation;

(two) the legal documents of the people's court and the Arbitration Commission;

(three) the sale, inheritance, bequest and other legal acts.

Tenth in any of the following circumstances, the lessee, the borrower and other actual users are responsible for the safety of housing use:

(a) The whereabouts of the owner are unknown;

(two) the ownership of the house is unclear;

(3) Other circumstances stipulated by laws, regulations and rules.

Article 11 The owners and users of state-owned and collective-owned houses may agree with the actual users of the houses on the responsibility for the safety of the use of the houses, but they shall not refuse to bear the responsibility for the safety of the use of the houses on this ground.

Article 12 The person responsible for the use safety of the house shall bear the following responsibilities for the use safety of the house and its ancillary facilities and equipment:

(1) Daily management of inspection, repair and maintenance;

(2) Safety evaluation;

(3) termite control;

(4) reinforcement and transformation;

(5) Risk management;

(six) other necessary measures to ensure the safety of the use of the house and its ancillary facilities and equipment.

Article 13 If all buildings are divided, the cost of taking various measures specified in Article 12 of these regulations for some buildings shall be shared by the owners in accordance with the provisions of laws, regulations and (temporary) management regulations. Need special maintenance funds, in accordance with the relevant provisions; Involving proprietary parts, the responsible person for the safe use of houses shall bear it according to law.

Belong to the undifferentiated building, the cost shall be borne by the person responsible for the safety of housing use.

Article 14 Where entrusted management is implemented within a building division, the realty service enterprise or other managers shall, in accordance with the stipulations in the (pre-) realty service contract, undertake daily management responsibilities such as inspection, repair and maintenance, and establish corresponding management files; The implementation of self-management, according to the law by the person responsible for the use of housing safety * * * part of the daily management responsibility.

The daily management responsibility of the exclusive part shall be borne by the person responsible for the safety of housing use according to law.

Fifteenth the implementation of housing safety inspection system in this city.

Real estate administrative departments and neighborhood offices, and town (township) people's governments shall organize emergency inspections of houses after emergencies such as explosion, settlement and collapse of houses and natural disasters such as earthquakes, floods and geological disasters.

Education, health, sports, culture, transportation, commerce, tourism and other administrative departments. Professional forces should be organized to regularly check the housing safety of schools, hospitals, venues, stations, shopping malls and other public buildings.

The inspection results shall be informed in writing to the person responsible for the safety of housing use.

Article 16 When the person in charge of housing use safety performs the obligations of housing use safety management, and the real estate administrative department or subdistrict office or town (township) people's government performs the duties of housing use safety supervision and management, the relevant owners and users shall cooperate with each other and shall not refuse or obstruct.

Chapter III Supervision and Administration on the Safety of House Use

Section 1 General Provisions

Article 17 The provisions of this chapter shall not apply to the safety supervision and management of self-built houses.

Eighteenth real estate administrative departments and neighborhood offices, the town (township) people's government shall, in accordance with their respective responsibilities, establish the housing structure safety management files within their respective jurisdictions.

Nineteenth housing structure safety management files shall include the following contents:

(a) housing decoration, decoration, maintenance and reinforcement records;

(2) Records of house use safety inspection, safety appraisal and termite control.

The archives of structural safety management of newly-built houses shall include the "Instructions for Use of Houses".

During the duration of the house, the interested parties have the right to inquire about the safety management files of the house structure free of charge, and the specific inquiry methods shall be formulated separately by the municipal real estate administrative department.

Twentieth the implementation of new premises safety information disclosure system in this city. District (city) county real estate administrative departments shall establish a "housing use safety information manual", including the following contents:

(a) the name of the construction, design, construction, supervision and other units;

(2) Structure type, completion date and design service life;

(3) Seismic fortification standards;

(four) new technologies, new materials and energy-saving and termite control measures;

(5) emergency shelter parts.

Belonging to public buildings, the district (city) county real estate administrative department where the house is located shall regularly submit the "Housing Use Safety Information Manual" to the municipal real estate administrative department.

Twenty-first city real estate administrative departments should strengthen the unified management of housing safety appraisal and termite control, and draw up the corresponding model text; Establish a unified list of housing safety appraisal institutions, termite control institutions and their employees, and announce it to the public; Credit information management shall be implemented for housing safety appraisal institutions, termite control institutions and their employees.

Twenty-second city real estate administrative departments should establish a unified credit supervision system for housing use safety management, and incorporate it into the city's credit management system.

Termite control in the second quarter

Twenty-third new construction, renovation and expansion of housing construction, real estate administrative departments should organize the implementation of termite prevention and treatment.

In the maintenance, reinforcement and protection of public buildings, the person responsible for the safety of housing use shall implement termite control treatment.

When ants occur in the house, the person responsible for the safe use of the house shall promptly entrust the termite control unit to exterminate and cooperate with it.

Twenty-fourth termite control units shall establish a control project completion acceptance system, regular review and return visit, and do a good job of filing.

Termite control units shall establish and improve the quality assurance system for termite control, and carry out prevention and control in accordance with the technical specifications and operating procedures for termite control construction in houses.

Section 3 Decoration and Decoration Management

Twenty-fifth any unit or individual shall abide by laws and regulations, respect social morality, and shall not affect the use and repair of the * * part and the use safety of adjacent houses, and shall not harm the public interests and the legitimate rights and interests of others.

Twenty-sixth prohibit any unit or individual from engaging in the following acts that endanger the safety of housing use:

(a) without the consent of the original design unit or the design unit with corresponding qualification grade, changing the main body and load-bearing structure of the building without authorization;

(2) reduce the indoor elevation of the bottom floor;

(three) more than the design standards and norms, increase the use of housing load;

(four) the installation of facilities and equipment that affect the structural safety of buildings;

(five) other acts that endanger the safety of housing use prohibited by laws, regulations and (temporary) management regulations.

Twenty-seventh the implementation of housing decoration, renovation, maintenance and reinforcement in any of the following circumstances, it shall submit a written application to the district (city) county real estate administrative department where the house is located, and obtain the "Building Structure Safety Approval" after approval before implementation:

(a) the demolition of housing structure;

(2) adding interlayer;

(three) other acts that may affect the integrity, earthquake resistance and structural safety of the house.

Twenty-eighth to apply for the "building structure safety approval", the following materials shall be submitted:

(a) housing ownership certificate;

(two) the design scheme and construction drawing put forward by the original design unit or the design unit with corresponding qualifications.

If the ownership of the house is disputed, the house is located within the scope of expropriation of state-owned land or the applicant fails to submit relevant information according to the provisions of the preceding paragraph, the real estate administrative department shall not accept it.

Twenty-ninth real estate administrative departments shall make a decision on whether to approve or not within five days from the date of receiving the application for the safety acceptance of housing structures. Meet the conditions, it shall issue a "building structure safety approval"; Do not meet the conditions, it shall explain the reasons in writing.

The administrative department of real estate shall not charge fees for the audit of the structural safety of houses.

Thirtieth the applicant shall carry out the construction in accordance with the project and design approved by the "Building Structure Safety Approval".

Where the applicant requests to change the approved project, it shall apply for change in time and submit the changed design scheme, construction drawing and other relevant materials. The real estate administrative department shall, within five days from the date of receiving the application for change, go through the formalities for examination and approval of change according to law.

Thirty-first housing use safety responsible person shall post or hang the "Building Structure Safety Confirmation" in a prominent position on the construction site to strengthen on-site safety management.

The real estate administrative department shall strengthen the supervision and inspection of the structural safety of the house decoration, decoration, maintenance and reinforcement.

Where the management of building zoning is entrusted, the realty service enterprise or other managers shall inform in writing the person in charge of housing use safety and the matters needing attention and prohibited acts of the decoration enterprises entrusted by them; If illegal acts are found, they should be stopped. If they fail, they should be reported to the relevant departments in time.

Thirty-second housing use safety responsible person shall, within five days after the completion of the project approved by the building structure safety approval, organize the design, construction and supervision units to carry out acceptance, and can only be put into use after passing the acceptance.

The person responsible for the use of housing safety shall, within fifteen days from the date of acceptance, file with the real estate administrative department that made the decision on examination and approval.

The fourth quarter safety appraisal

Thirty-third institutions engaged in housing safety appraisal activities in this Municipality shall have corresponding qualifications, professional and technical personnel, testing instruments and equipment, office space and registered capital, and be able to bear civil liability independently.

Thirty-fourth housing safety appraisal fees to implement government guidance.

Thirty-fifth in any of the following circumstances, the person in charge of housing safety shall entrust the housing safety appraisal institution to conduct appraisal in accordance with the relevant provisions of laws and regulations:

(a) the house has reached or exceeded the design service life and continues to be used;

(two) the building foundation, wall or other load-bearing components have obvious dangerous symptoms such as sinking, cracking, deformation and corrosion;

(three) cracks, deformation and uneven settlement caused by natural disasters. , need to continue to use;

(four) cracks and deformation caused by explosion, fire and other reasons. , need to continue to use;

(five) other circumstances that may affect public safety and the legitimate rights and interests of others.

After schools, hospitals, stadiums, stations, shopping malls and other large and medium-sized public buildings are delivered for use, the person in charge of housing use safety shall entrust a housing safety appraisal institution to conduct safety appraisal when the service life of the house reaches two thirds of the designed service life. Over the design life of large and medium-sized public buildings, should be a housing safety appraisal every five years.

In case of the circumstances specified in Item (3) of the first paragraph of this article, the real estate administrative department shall timely organize the housing safety assessment and put forward control measures.

Thirty-sixth for houses with obvious dangers, the original safety protection measures for the use of houses shall not be stopped during the appraisal period.

Article 37 The appraisal report issued by the house safety appraisal institution shall be stamped with the special seal for house safety appraisal.

The appraisal conclusion made by the house safety appraisal institution is the basis for determining the safe use of the house.

Thirty-eighth in any of the following circumstances, the interested party may submit a written application for review to the real estate administrative department:

(a) the assessment conclusions of two or more assessment agencies are inconsistent;

(two) the house endangers public safety and cannot be reinforced, and the interested parties have objections to the appraisal conclusion.

The real estate administrative department shall provide the applicant with a directory of appraisal institutions for his choice. The appraisal conclusion made by the housing safety appraisal institution selected by the applicant is the final basis for determining the safety status of the housing structure.

Section 5 Risk Management

Thirty-ninth appraisal conclusion for dangerous houses, housing safety appraisal institutions shall inform the responsible person of housing safety appraisal report within three days, and submit it to the real estate administrative department where the house is located.

After receiving the report, the real estate administrative department shall, within three days, issue a notice of dangerous houses to the person responsible for the safe use of houses, and put forward opinions within a time limit.

Fortieth the person in charge of housing use safety shall take the following control measures for dangerous houses according to the appraisal conclusion:

(1) observation and use. Suitable for houses that can be used for a short time after taking appropriate safety technical measures, but need continuous observation.

(2) Handling and use. Suitable for houses that can be out of danger after taking appropriate technical measures.

(3) Stop using it. It is suitable for houses that have no maintenance value and are temporarily inconvenient to dismantle, but do not endanger adjacent buildings or affect the safety of others.

(4) overall demolition. It is suitable for integral dangerous buildings that have no maintenance value and need to be demolished immediately.

Dangerous houses shall not be rented or used as revolving houses during treatment or before normal use is resumed. The person in charge of housing use safety shall set up fences or obvious signs of dangerous houses to prevent others from entering.

Forty-first houses in any of the following circumstances, endangering the safety of the public, by the real estate administrative departments shall be ordered to stop using, governance within a time limit; Refuses to stop using or fails to deal with it within the time limit, the real estate administrative department shall apply to the people's court for compulsory execution:

(1) local collapse occurred;

(2) There is a danger of collapse at any time;

(three) the person responsible for the use of housing safety refuses to manage dangerous houses.

Chapter IV Safety Supervision and Management of Self-built Houses

Forty-second district (city) county real estate administrative departments should strengthen the professional guidance on the safety supervision and management of self-built houses, and improve the safety awareness of rural residents in the use of houses.

Forty-third this city to establish a self-built housing safety management co-management system.

Sub-district offices and town (township) people's governments shall determine professionals to serve as house use safety coordinators, and accept the business guidance of the district (city) and county real estate administrative departments.

Forty-fourth self-built houses need to be demolished, and the person responsible for the safety of housing use shall file with the street office and the town (township) people's government where the house is located.

Article 45 The government encourages the person in charge of housing safety to regularly carry out housing safety appraisal and termite control on self-built houses. Street offices and town (township) people's governments shall give guidance.

Forty-sixth self-built houses are infested with ants, and the person responsible for the safety of house use shall eliminate them by himself or entrust a termite control unit to eliminate them.

Forty-seventh housing use safety inspection found that there are potential safety hazards in self-built houses, the person in charge of housing use safety may entrust housing safety appraisal.

Forty-eighth self-built houses have one of the following situations that endanger public safety, and the street offices and town (township) people's governments shall order them to stop using them and treat them within a time limit; Refuses to stop using or fails to deal with it within the time limit, the street office and the town (township) people's government shall apply to the people's court for compulsory execution:

(1) local collapse occurred;

(2) There is a danger of collapse at any time;

(three) the person responsible for the use of housing safety refuses to manage dangerous houses.

Chapter V Legal Liability

Forty-ninth acts in violation of these regulations, laws and regulations have made administrative punishment provisions, from its provisions; If losses are caused, it shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fiftieth in violation of the provisions of the first paragraph, the second paragraph, the third paragraph and the fourth paragraph of Article 26 of this Ordinance, the real estate administrative department shall order it to stop the illegal act, restore the original state, and refuse to correct it, and if it belongs to the house, it shall be fined 1 10,000 yuan but not more than 50,000 yuan; Non residential, punishable by a fine of fifty thousand yuan and one hundred thousand yuan.

Article 51 Whoever, in violation of the first paragraph of Article 27 and the provisions of Article 30 of these regulations, carries out decoration, renovation, maintenance and reinforcement without authorization or fails to carry out construction according to the design scheme approved by the building structure safety approval letter, shall be ordered by the real estate administrative department to stop construction and make corrections within a time limit. Refuses to correct, is a residential, punishable by a fine of one thousand yuan and five thousand yuan; Non residential, punishable by a fine of ten thousand yuan and fifty thousand yuan.

Fifty-second in violation of the provisions of the first paragraph of article thirty-first, did not post or hang the "building structure safety approval" on the construction site, the real estate administrative department shall order it to make corrections.

Property service enterprises or other managers who violate the provisions of the third paragraph of Article 31 of these regulations and fail to fulfill the obligation of informing or reporting shall be fined between 3,000 yuan and 10,000 yuan by the real estate administrative department.

Article 53 Whoever, in violation of the provisions of the first paragraph of Article 32 of these regulations, fails to organize the safety completion acceptance of building structures or fails to pass the safety completion acceptance of building structures shall be ordered by the real estate administrative department to make corrections within a time limit, and those who refuse to make corrections shall be fined between 3,000 yuan and 10,000 yuan. Non residential, punishable by a fine of ten thousand yuan and fifty thousand yuan.

Fifty-fourth in violation of the provisions of article thirty-fifth, refused to entrust the implementation of housing safety appraisal and endanger public safety, the real estate administrative department shall order it to make corrections within a time limit. If it is still not entrusted within the time limit, the real estate administrative department shall apply to the people's court for compulsory execution.

Fifty-fifth housing safety appraisal institutions have one of the following acts, the real estate administrative department shall order it to make corrections within a time limit and impose a fine of not less than ten thousand yuan but not more than thirty thousand yuan; If the circumstances are bad or cause serious consequences, the appraisal qualification shall be cancelled or submitted to the relevant authorities for cancellation, and a fine of more than 50,000 yuan100,000 yuan shall be imposed:

(a) do not have the qualification to engage in housing safety appraisal activities;

(2) Deliberately identifying a safe house as a house with potential safety hazards;

(three) due to negligence, the house with potential safety hazards was identified as a safe house, and an accident occurred within the validity period of the appraisal report;

(four) in violation of the provisions of the thirty-ninth paragraph of this Ordinance, the appraisal report is not submitted to the real estate administrative department on time.

Article 56 If the real estate administrative departments and sub-district offices, town (township) people's governments and their staff abuse their powers, engage in malpractices for selfish ends or refuse to perform their duties of supervision and management of housing use safety, they shall be given administrative sanctions in accordance with the relevant provisions; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 57 The meanings of the following terms in these Regulations:

(1) Building structure refers to the main structure such as foundation, wall, beam, slab, column and roof of the upper load-bearing system.

(two) housing safety appraisal refers to the appraisal and evaluation of the safety of housing structure and use.

(3) Dangerous houses refer to houses whose structures have been seriously damaged or whose load-bearing components are in danger, which may lose structural stability and bearing capacity at any time and cannot guarantee the safety of living and using.

(4) Self-built houses refer to houses built by rural residents using their own homesteads and registered according to law.

(5) (temporary) management regulations refer to "temporary management regulations" and "management regulations".

Article 58 The Municipal People's Government may formulate specific measures for the supervision and management of housing use safety according to these regulations.

Article 59 These Regulations shall come into force on the date of 201101.

199965438+The Regulations on Safety Management of Urban Housing Decoration Structure in Chengdu approved by the 12th meeting of the Standing Committee of the 13th Chengdu Municipal People's Congress on February 28th, 2000 and the 15th meeting of the Standing Committee of the 9th Sichuan Provincial People's Congress shall be abolished at the same time.