Some guiding opinions on installing elevators in existing multi-storey houses in Beijing

Notice on Printing and Distributing Several Guiding Opinions on Adding Elevators to Existing Multi-storey Residential Buildings in Beijing

People's governments of all districts and counties and relevant units:

In order to improve the use function of existing multi-storey residential buildings in our city and improve the living standards of residents of existing multi-storey residential buildings, according to the relevant national laws, regulations, norms and standards, we hereby formulate and issue "Several Guiding Opinions on Adding Elevators to Existing Multi-storey Residential Buildings in Beijing", please implement them conscientiously.

Beijing Municipal Commission of Housing and Urban-Rural Development Beijing Municipal Planning Commission

Beijing Municipal Bureau of Quality and Technical Supervision

Beijing Public Security Bureau Fire Department

20 10 year 10 month 1 1 day

Some guiding opinions on installing elevators in existing multi-storey houses in Beijing

In order to improve the use function of existing multi-storey residential buildings in our city and improve the living standards of residents of existing multi-storey residential buildings, according to the provisions of relevant national laws, regulations, norms and standards, combined with the actual situation in our city, the following guiding opinions are put forward:

First, urban multi-storey residential buildings that have been built and put into use without elevators can apply for adding elevators if they meet the conditions of this opinion. To apply for adding elevators, the units with corresponding qualifications must put forward opinions on safety, applicability and economy.

Two, the city's existing multi-storey residential elevator renovation work, follow the owners' voluntary, coordinated interests, safe and reliable, policy support principle, the funds are mainly self-raised, supplemented by other social funds.

Three, residential elevator, should be approved by the land ownership unit, by the owner of the building in accordance with the "People's Republic of China (PRC) * * *" and "People's Republic of China (PRC) * * * property law" provisions. At the same time, the consent of the owner of this unit who is directly affected by lighting, ventilation and noise after the elevator is added shall be obtained.

Four, agreed to add the elevator owners should reach the following plan:

(a) the addition of elevator engineering cost raising scheme;

(two) the elevator operation and maintenance costs (electricity, maintenance, renewal, management fees) allocation scheme.

(3) Entrustment scheme for elevator operation and maintenance;

The owner may * * * agree to entrust a realty service enterprise to manage the operation of the elevator, and the realty service enterprise shall sign a daily maintenance contract with a qualified elevator installation, renovation and maintenance unit to carry out daily maintenance of the elevator. Owners can also directly entrust qualified elevator installation, renovation and maintenance decision-making units to carry out operation management and daily maintenance of elevators. The above scheme shall form a written agreement.

Five, residential elevator behind the building spacing, building sunshine, fire safety, building graphic design, structural safety, etc. It shall meet the requirements of relevant codes and standards.

6. The funds needed for adding elevators to residential buildings are mainly raised by the owners themselves; With the consent of the original selling unit of housing reform, it can be used after housing reform.

Seven, residential elevators, should be in accordance with the procedures stipulated in the guidance of ninth to thirteenth to apply for the relevant examination and approval procedures.

Eight, agreed to add the elevator owners, the written entrustment of the property service enterprises or other units, as the applicant to apply for the relevant examination and approval procedures.

Nine, residential elevators, such as the original building has reserved elevator shaft, do not need to apply for planning approval. If the elevator shaft is not reserved, the planning approval shall be handled. Before handling the planning permission, the applicant shall entrust a design unit with corresponding qualifications to prepare the design drawings of the construction project and perform the work of soliciting the opinions of the relevant owners. The construction drawing design review of new elevator projects shall be conducted according to the current construction drawing review procedures.

Ten, the applicant shall, in accordance with the relevant laws and regulations to determine the construction and supervision units, to the construction administrative department for safety and quality supervision and registration procedures, to obtain a construction permit.

Eleven, the applicant shall, within seven working days from the date of receiving the construction permit, go to the fire supervision institution for fire protection design filing.

Twelve, before the increase of elevator construction, the elevator installation and construction unit shall, in accordance with the provisions of the Regulations on Safety Supervision of Special Equipment, inform the administrative department of quality and technical supervision of the start of elevator construction, and declare the supervision and inspection after the installation is completed; After the elevator has passed the supervision and inspection, the applicant shall go through the registration formalities with the administrative department of quality and technical supervision.

Thirteen, after the completion of the new elevator project, the applicant shall go through the construction project planning and acceptance procedures, and organize the design, construction, supervision and other relevant units to carry out the completion acceptance. After the completion and acceptance, the construction archives shall be handed over to the municipal urban construction archives in a timely manner, and the completion and acceptance shall be filed with the construction administrative department.

Fourteen, the elevator installation process, the elevator installation unit shall comply with the requirements of production safety on the construction site, the implementation of on-site safety protection measures.

15. part of the property rights increased by adding elevators to existing houses shall be owned by all owners of the building. When the building owner transfers the house, he shall inform the transferee of the agreement on sharing the maintenance fee for the additional elevator. The transferee shall assume the rights and obligations of the original owner as stipulated in the agreement from the date of transferee.

Sixteen, planning, construction, quality and technical supervision, fire protection and other administrative departments, the city's existing multi-storey residential elevator projects involved in the relevant examination and approval matters, should be in accordance with the principle of simplification and convenience, to be actively supported. The administrative examination and approval of the existing multi-storey residential elevator project planning and construction shall be handled by the relevant administrative departments of the district (county) where the house is located, and other administrative examination and approval shall be handled according to the authority prescribed by the relevant administrative departments.

Seventeen, the county government should actively carry out and promote the city's existing multi-storey residential elevator renovation work, planning, construction and other administrative departments should cooperate. Actively and orderly promote the elevator project of existing multi-storey residential buildings in combination with the transformation of the old city.

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Explanation of relevant clauses in Several Guiding Opinions on Adding Elevators to Existing Multi-storey Residential Buildings in Beijing

Source: website of Beijing Municipal Construction Committee Date: 20 1 1-07-04.

After the promulgation of "Several Guiding Opinions on Adding Elevators to Existing Multi-storey Residential Buildings in Beijing" (J.J.F. [20/KLOC-0] No.590) (hereinafter referred to as "Guiding Opinions"), some citizens suggested that the provision in Article 3 that adding elevators to residential buildings should obtain the consent of the owners who are directly affected by lighting, ventilation and noise after adding elevators in this unit belongs to "one-vote veto". After study, this article is now interpreted as follows:

With the rapid development of Beijing's economy and the aging of urban population, residents living in multi-storey houses hope to increase elevators to meet the convenience needs of the elderly, the weak, the sick and the pregnant. Therefore, the Municipal Commission of Housing and Urban-Rural Development, the Municipal Planning Commission, the Municipal Bureau of Quality Supervision and the Municipal Public Security Fire Bureau jointly issued the "Several Guiding Opinions on Adding Elevators to Existing Multi-storey Houses in Beijing" on 20 10.

The purpose of formulating and issuing the Guiding Opinions is to provide relevant policy guidance for multi-storey residential owners who are going to install elevators and promote the installation of elevators. The Guiding Opinions supports and encourages owners to unify the idea of investing, managing and balancing the interests of owners, especially those who are greatly affected, through in-depth consultations. After reaching an agreement, they apply for relevant examination and approval procedures in accordance with regulations and carry out additional elevator projects.

Adding elevators to existing multi-storey residential buildings is a reconstruction project after the completion of residential construction projects, involving the occupation of public land in residential areas, the reconstruction of buildings owned by owners, the change of issued administrative licenses, etc., which directly affects the structure and use of existing houses in the additional units, so it needs to comply with the provisions of the Property Law, the Administrative Licensing Law, the Urban and Rural Planning Law and other relevant laws and regulations.

According to the relevant provisions of the Property Law, the reconstruction of buildings and their ancillary facilities should be approved 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 of people. According to the relevant provisions of the Administrative Licensing Law, the administrative license obtained by citizens, legal persons or other organizations according to law is protected by law, and the administrative organ shall not change the administrative license that has come into effect without authorization. In accordance with the relevant provisions of the Urban and Rural Planning Law, the general plan of the construction project design approved according to law shall not be modified at will; If it is really necessary to amend, the competent department of urban and rural planning shall take the form of hearings and listen to the opinions of interested parties; If the amendment causes losses to the legitimate rights and interests of the interested parties, compensation shall be made according to law.

The owner of this unit who installed the elevator is not only the direct beneficiary of the elevator project, but also the direct affected person. These owners affected by the installation of elevators have obtained property certificates issued by relevant departments. According to the relevant provisions of the Property Law and the Administrative Licensing Law, their residential rights and interests are protected by law. At the same time, the national residential design code does not stipulate that multi-storey houses must be equipped with or equipped with elevators. Therefore, adding elevators to existing multi-storey residential buildings requires the consent of the owners of the building according to the specified proportion. More importantly, the owners of this unit who directly benefit and are affected need to study and solve related investment, management and compensation issues through full consultation.

The provisions of Article 3 of the Guiding Opinions do not exclude the relevant owners from studying related matters through friendly consultation. On the premise of complying with laws and regulations, relevant departments will actively support relevant owners to properly solve related problems through friendly consultation.