What are the property management regulations in Chengdu?

Regulations of Chengdu Municipality on Property Management

Adopted at the 34th meeting of the Standing Committee of the 14th Chengdu Municipal People's Congress on August 10, 2007 and approved at the 30th meeting of the Standing Committee of the 10th Sichuan Provincial People's Congress on September 27, 2007.

catalogue

Chapter I General Principles

Chapter II Building Zoning

Section 1 Division and Adjustment of Building Divisions

Section 2 Configuration of Auxiliary Facilities and Equipment

Section III Delivery of Newly-built Residential Buildings

The fourth quarter new residential property warranty gold

Chapter III Property Management Subjects and Property Use

Section 1 Preparatory Group for Owners' Congress

Section 2 Owners' Congress and Owners' Committee

Section 3 Use and Maintenance of Property

Chapter IV (Early Stage) Property Service Contract

Section 1 General Provisions

Section 2 Pre-Property Service Contract

Section 3 Property Service Contract

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Principles

Article 1 In order to standardize property management activities and safeguard the legitimate rights and interests of owners, property service enterprises and other managers, these Regulations are formulated in accordance with People's Republic of China (PRC) Property Law, the State Council Property Management Regulations and other laws and regulations, combined with the actual situation in Chengdu.

Article 2 These Regulations shall apply to the management, use, service, supervision and management activities of properties within the administrative area of this Municipality.

Third city real estate administrative departments responsible for the supervision and management of the city's property management activities, district (city) county real estate administrative departments responsible for the supervision and management of property management activities within their jurisdiction.

Planning, construction, urban management, public security, industry and commerce, price, civil affairs and other administrative departments shall cooperate in the implementation of these regulations in accordance with their statutory duties.

Sub-district offices and township (town) people's governments are responsible for organizing and guiding owners within their respective jurisdictions to set up owners' congresses according to law, coordinating the relationship between property management and community construction, cooperating with mediation in handling property management complaints, and guiding and supervising owners' congresses and owners' committees to perform their duties according to law.

The community residents' committee shall guide and supervise the owners' congress and the owners' committee in accordance with the relevant provisions.

Fourth city property management industry associations should strengthen industry construction, establish industry service, coordination, incentive and punishment mechanisms, and promote the scientific, standardized and harmonious development of the property management industry.

Article 5 This Municipality advocates relying on scientific and technological progress to improve the level of property services; The government encourages the adoption of new technologies and methods to save energy and reduce consumption.

Chapter II Building Zoning

Section 1 Division and Adjustment of Building Divisions

Sixth new construction projects, including projects built by stages or jointly developed by two or more units, whose ancillary facilities and equipment are used by * * *, shall be divided into one building division. However, if the construction project has been divided into two or more natural courtyards or enclosed areas according to the plan, it can be divided into independent building divisions under the condition that the management and maintenance responsibilities of ancillary facilities and equipment are clearly defined.

Seventh development and construction units in the application for construction project planning permit, at the same time, should hold the construction project planning and design scheme, to the district (city) county real estate administrative departments to divide the requirements of building zoning.

District (city) county real estate administrative departments shall, within 5 working days from the date of acceptance, solicit the opinions of the subdistrict offices, township (town) people's governments and community residents' committees, and inform the development and construction units.

Article 8 If it is really necessary to adjust the building zoning, the district (city) county real estate administrative department shall, jointly with the subdistrict office, the township (town) people's government and the community residents' committee, draw up an adjustment plan according to the provisions of Article 6 of these regulations and the layout of the local community, and divide it with the consent of the owners' assembly of the relevant building zoning; The division of buildings without owners' meeting shall be decided by all owners.

Where the owners' meeting or all owners decide on the matters mentioned in the preceding paragraph, they shall obtain the consent of the owners whose exclusive parts account for more than half of the total area of the building and more than half of the total number of people with differentiated ownership of the building.

If the construction area is not divided, it shall be implemented in accordance with the provisions of the first paragraph of this article after obtaining the consent of the relevant owners in accordance with the proportion specified in the preceding paragraph.

Article 9 After the division and adjustment of building zoning, the municipal or district (city) county real estate administrative department shall make corresponding marks on the real estate registration book, and the development and construction unit shall express it to the property buyer.

After the adjustment of building zoning, the district (city) county real estate administrative department shall make an announcement in the relevant building zoning.

Section 2 Configuration of Auxiliary Facilities and Equipment

Tenth new residential areas, development and construction units should be in accordance with the following provisions of the allocation of property services:

(a) the construction area is not less than 2‰ of the total construction area of the house specified in the construction project planning permit, and not less than 80 square meters;

(two) the allocation of property services companies or other managers and the owners' committee meeting room, of which the construction area of the owners' committee meeting room shall not be less than 30 square meters;

(3) Have the basic functions of water and electricity, and the part above the ground shall not be less than 50%.

If the allocation of property service rooms does not meet the provisions of the preceding paragraph, the planning administrative department shall not issue a construction project planning permit.

Article 11 The exclusive parts of water, electricity and gas metering devices for newly-built houses within the residential area shall be implemented with one meter for each household and one meter for each household, and independent meters for * * * * parts; The configuration of ancillary facilities and equipment such as security, fire protection, sanitation, postal services and information shall meet the basic conditions for the use of the property.

Twelfth new residential buildings in the motor vehicle parking garage (a) and the minimum number of households ratio, formulated by the municipal planning administrative department.

This Municipality encourages the development and construction units to invest in the construction of motor vehicle parking garages (spaces) within the residential building zoning, and the specific measures shall be formulated by the municipal price department jointly with relevant departments.

Section III Delivery of Newly-built Residential Buildings

Thirteenth the implementation of new residential delivery supervision system. After the completion and acceptance of the construction project within the new residential building division, the ancillary facilities and equipment shall meet the following conditions before delivery:

(a) residential water into the urban and rural water pipe network, and water supply to households;

(two) residential electricity in accordance with the power supply plan of the power sector, into the city power supply network, shall not use temporary construction electricity;

(three) residential rainwater and sewage discharge into the permanent urban and rural rainwater and sewage discharge system. If it is really necessary to take temporary discharge measures due to objective conditions, it shall be approved by the water affairs and environmental protection departments, and the temporary discharge period shall be determined;

(four) there is a gas pipeline network near the residential area, and the indoor and outdoor gas pipelines in the residential area should be laid and connected with the gas pipeline network. If there is no gas pipe network near the community, complete the laying of indoor gas pipes in the community and be responsible for the implementation of gas supply channels;

(five) telephone communication lines, cable TV lines and broadband data transmission information ports in residential areas are laid to households, and security facilities and equipment are in place according to design specifications;

(6) There are roads directly connecting residential areas with urban roads or highways;

(seven) in accordance with the planning requirements, complete the supporting construction of public service facilities such as education, medical care, health, postal services, farmers' markets and other commercial services, community services and management. Residential construction projects are built in stages, and if the above facilities are not completed, there should be corresponding public service facilities for transitional use;

(eight) in accordance with the residential design specifications, reserve the location of the air conditioner and condensate drain pipe;

(nine) in accordance with the planning requirements to complete the greening construction of residential areas;

(ten) according to the planning requirements to complete the allocation of parking garages (spaces) in residential areas;

(eleven) residential construction projects are built by stages, and the surrounding environment of the completed residential buildings is clean and the roads are smooth, and there are obvious and effective isolation measures from the construction site;

(twelve) other conditions stipulated by laws and regulations.

The provisions of the preceding paragraph shall not apply to self-occupied houses built by individuals.

Article 14 Before the new residential building is delivered for use, the development and construction unit shall go through the filing procedures for the delivery of the new residential building to the municipal or district (city) county real estate administrative department, and provide the completion acceptance documents of the new residential building project and the relevant documents and materials that the supporting facilities and equipment listed in the first paragraph of Article 13 of these regulations meet the delivery conditions.

The fourth quarter new residential property warranty gold

Fifteenth the implementation of new residential property warranty supervision system.

The supervision of warranty funds follows the principles of unified storage, unchanged ownership, earmarking and government supervision.

City real estate administrative departments shall implement unified supervision and management of the deposit, use, management and refund of warranty funds.

Article 16 For newly-built residential properties, non-residential properties in residential areas and non-residential properties connected with the single structure of residential buildings, the development and construction unit shall, before applying for the registration of the ownership of newly-built residential real estate, deposit the warranty money into the warranty money supervision account in a lump sum according to the proportion of 2% of the total cost of residential property construction and installation projects, as a guarantee for the warranty expenses during the warranty period of residential properties.

The warranty supervision account shall set up a special account according to the building division. Development and construction units in the registration of new residential real estate ownership, should provide a certificate of full deposit of residential property warranty issued by a special bank.

The storage period of warranty money is consistent with the legal warranty period of the property.

Seventeenth development and construction units shall, in accordance with the statutory warranty period and scope, undertake the warranty responsibility of residential property; Development and construction units can organize their own maintenance or entrust others to carry out maintenance.

Article 18 If the development and construction unit fails to perform the warranty obligations, the owners or owners' committee may apply, and after verification by the municipal or district (city) county real estate administrative department, the owners' committee or community residents' committee shall organize the maintenance, and the expenses shall be charged to the warranty fund.

If there is a quality problem in the building division where the owners' meeting has not been established, the community residents' committee may apply for using the warranty fund to support the maintenance cost in accordance with the provisions of the preceding paragraph.

The municipal or district (city) county real estate administrative department shall notify the development and construction unit in writing within 3 working days after the use of the warranty fund.

Article 19 After the owners, owners' committees or community residents' committees use the warranty money in accordance with the procedures stipulated in Article 18 of these regulations, the development and construction unit shall make up in full within 15 days from the date of receiving the notice from the real estate administrative department.

If the development and construction unit disagrees with the maintenance responsibility, it may bring a civil lawsuit or apply for arbitration according to law within the time limit specified in the preceding paragraph, and the responsible person determined by the people's court or the arbitration commission shall make up the warranty money. Failure to file a lawsuit or apply for arbitration within the time limit shall be deemed as acceptance of the maintenance responsibility.

Article 20 During the property warranty period, if the development and construction unit dies due to bankruptcy, dissolution or cancellation, the warranty supervision institution shall deposit the balance of the principal and interest of the warranty.

When there are quality problems within the scope of property warranty, the owners, owners' committees or community residents' committees may apply for the use of warranty money in accordance with the provisions of Article 18 of these regulations.

Twenty-first meet one of the following conditions, after the expiration of the warranty period, the balance of principal and interest will be returned to the development and construction unit; If the development and construction unit has died, the balance of the principal and interest of the warranty fund shall be incorporated into the liquidation property according to law:

(a) there is no property quality problem within the warranty scope;

(two) there are property quality problems, but the development and construction unit has carried out maintenance according to the relevant provisions and passed the acceptance, or reached a settlement agreement with the owner on the maintenance fee and fulfilled the payment obligation;

(three) the property quality problems, the two sides have disputes about the responsibility, but the development and construction unit has fulfilled its obligations according to the legal documents of the people's court or the arbitration commission.

Twenty-second 30 days before the expiration of the warranty period, the warranty supervision institution shall publicize the matters that should be returned in writing in the relevant building divisions.

Twenty-third warranty supervision institutions shall regularly announce to the owners and development and construction units the deposit and use of the warranty funds of relevant construction divisions every year, and accept the supervision of the owners and development and construction units.