Regulations of Shanghai Municipality on Residential Property Management (revised in 2020)

Chapter I General Provisions Article 1 In order to regulate residential property management activities and safeguard the legitimate rights and interests of owners and property service enterprises, these Provisions are formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council and other relevant laws and administrative regulations, and in combination with the actual situation of this Municipality. Article 2 These Provisions shall apply to the operation, use, supervision and management of residential properties within the administrative area of this Municipality. Article 3 Residential property management as mentioned in these Provisions (hereinafter referred to as property management) refers to the activities that the owners of residential areas maintain, conserve and manage the houses, supporting facilities, equipment and related sites in residential areas by hiring property service enterprises, and the owners and property service enterprises maintain the environmental sanitation and order in the relevant areas in accordance with the property service contract or through other forms.

The term "owner" as mentioned in these Provisions refers to the owner of the house.

The term "user" as mentioned in these Provisions refers to the lessee and the actual resident of the house. Fourth city housing administrative departments responsible for the supervision and management of the city's property management. The district housing administrative department shall be responsible for the supervision and management of property management within its jurisdiction, and guide and supervise the township and town people's governments and sub-district offices to implement property management-related administrative work.

The municipal housing administrative department shall perform the following duties:

(a) to formulate policies related to property management in this Municipality;

(two) to establish and improve the city's property management training system;

(three) to guide the district housing administrative departments to carry out the supervision and management of property management within their respective jurisdictions;

(four) to guide the property management industry associations to carry out the formulation and implementation of self-discipline norms;

(five) the establishment of a unified property management supervision and service information platform;

(six) the implementation of the supervision and management of the property service industry and other property management related work.

The district housing administrative department shall perform the following duties:

(1) Organizing the implementation of policies and systems related to property management;

(two) the implementation of supervision and management of the property service enterprises and employees in this area;

(three) to guide and supervise the bidding activities of property management;

(four) before the establishment of the owners' congress, the collection and daily use management of special maintenance funds shall be implemented;

(five) the implementation of regional approval of property management, property services companies and owners' committees (hereinafter referred to as property management houses) and other matters;

(six) to guide the township and town people's governments and sub-district offices to supervise and manage the property management work such as the owners' congress and the owners' committee;

(seven) to guide the township and town people's governments and sub-district offices to carry out property management business training;

(eight) to perform other duties of supervision and management of property management.

The administrative departments of development and reform, construction, transportation, public security, water affairs, greening, civil affairs, planning resources, finance, taxation, judicial administration, urban management and law enforcement, market supervision and emergency management of this Municipality shall, according to their respective functions and duties, cooperate in the implementation of these Provisions. Article 5 The District People's Government shall establish a comprehensive management system for residential quarters, and organize relevant administrative departments, township people's governments, sub-district offices and relevant units in the district to deploy, promote and coordinate the property management within their respective jurisdictions.

The people's governments of townships and towns and subdistrict offices shall establish a comprehensive management system for residential quarters within their respective jurisdictions, and coordinate and handle comprehensive property management affairs and disputes within their respective jurisdictions; Its established housing management agency (hereinafter referred to as the housing management agency) undertakes specific affairs related to housing management.

The people's governments of townships and towns and sub-district offices shall perform the following duties:

(a) to guide and supervise the formation and re-election of the owners' congress and the owners' committee, and handle the relevant filing procedures;

(two) to guide and supervise the daily work of the owners' congress and the owners' committee, and to train the members of the preparatory group for the owners' congress (hereinafter referred to as the preparatory group), the members of the owners' committee and the members of the owners' committee;

(three) to participate in property inspection, guide and supervise the handover and takeover of property management projects within the jurisdiction;

(four) filing property service contracts, daily supervision and inspection of property services within the property management area, and guiding and supervising the property service enterprises to perform their legal obligations;

(five) to supervise the owners and users to use and maintain the property in accordance with the provisions;

(six) the establishment of property management disputes mediation and complaints, reporting mechanism, mediation of property management disputes, handling property management related complaints and reports;

(seven) the establishment of property emergency service guarantee mechanism;

(eight) other duties as prescribed by laws, regulations and rules. Article 6 This Municipality shall establish and improve the governance structure of residential quarters with the Party organizations in residential quarters as the core of leadership and the participation of residents' committees or villagers' committees, owners' committees, property service enterprises and owners, and promote the innovation of property management in residential quarters.

Residents' committees and villagers' committees shall, in accordance with the law, assist township and town people's governments and sub-district offices to carry out work related to property management in community management and community services, strengthen the guidance and supervision of owners' committees, and guide them to standardize their autonomous operation. Article 7 The Municipal Property Management Industry Association is a social organization that implements industry service and self-discipline management, formulates and organizes the implementation of self-discipline norms according to law, organizes business training, mediates disputes among property service enterprises, and safeguards the legitimate rights and interests of property service enterprises.

The city encourages property service enterprises to join the city property management industry association.