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Measures of Zhejiang Province for the Administration of Residential Property Warranty Funds
Full text of measures for the administration of residential property warranty fund in Zhejiang Province
Article 1 In order to strengthen the management of property warranty funds, ensure the normal maintenance and use of properties and safeguard the legitimate rights and interests of owners, these Measures are formulated in accordance with the Regulations of Zhejiang Province on Property Management and relevant national laws and regulations, and combined with the actual situation of this province.
Article 2 These Measures shall apply to the payment, use, refund, management and supervision of the residential property warranty fund (hereinafter referred to as the warranty fund) within the property area of this province.
Article 3 The term "warranty money" as mentioned in these Measures refers to the funds deposited by the construction unit with the local property administrative department in accordance with the prescribed proportion as the guarantee for property maintenance expenses during the warranty period.
Article 4. How much is the warranty? Unified deposit, unchanged ownership, earmarking and government supervision? The principle of.
Fifth districts of the city and county (city, district, the same below) property administrative departments shall establish and improve the warranty gold management system, designated agencies responsible for the daily management of warranty gold collection, storage, accounting and refund. There is a special maintenance fund management organization, which is responsible for the daily management of warranty funds.
Article 6 The property administrative department of the people's government at or above the county level shall, jointly with the finance department at the same level, be responsible for the guidance and supervision of the warranty fund management within their respective administrative areas.
Article 7 After June 65438+1 October1June 2006, the construction unit shall pay the warranty money for newly built and completed residential properties for sale, non-residential properties in residential quarters or non-residential properties connected with the residential property structure.
Article 8 Before the property is delivered for use and the initial registration of ownership is handled, the construction unit shall pay the warranty gold in one lump sum to the local warranty gold management institution according to the proportion of 2% of the total construction and installation cost of the property, as a guarantee for the warranty expenses during the warranty period of the property, and deposit it in a special account opened in a designated commercial bank in accordance with relevant regulations.
If the construction unit fails to pay or pay the warranty money in accordance with the provisions of these measures, the property administrative department shall order it to pay within a time limit; If the payment is not made within the time limit, an overdue fine of 5/10000 of the overdue part will be charged on a daily basis from the date of overdue, and punishment will be given according to law.
Article 9 When the warranty fund management institution collects the margin warranty fund, it shall issue a special bill supervised by the Provincial Department of Finance.
Tenth construction units shall, in accordance with the warranty period and scope stipulated by the state, undertake the warranty responsibility of the property.
Under normal use conditions, the warranty period of residential property is:
(a) the roof waterproof project is not less than 8 years;
(two) the bathroom, room and exterior wall with waterproof requirements shall be impervious for not less than 8 years;
(3) The heating and cooling system consists of two heating periods and cooling periods;
(four) electrical pipelines, water supply and drainage pipelines, equipment installation and decoration works, for 2 years;
(five) the basic engineering, main structure engineering and infrastructure engineering of the building are the reasonable service life of the project specified in the design documents.
The warranty period as mentioned in these Measures shall be calculated from the date when the property is delivered to consumers.
Eleventh due to improper use of the owners or unauthorized changes in housing structure, equipment location and improper decoration caused by property quality problems, the owners should bear the corresponding maintenance responsibilities according to law.
Twelfth construction units can organize their own property warranty, can also be entrusted to the property service enterprise warranty.
Where a construction unit entrusts a realty service enterprise with warranty, it shall sign a residential property entrustment warranty agreement with the realty service enterprise before the delivery of the property, clarifying the rights and obligations, and the payment method of the warranty fee. The model text of the warranty agreement shall be formulated by the municipal property management department with districts.
Thirteenth property warranty period under any of the following circumstances, the construction unit fails to perform the warranty responsibility or due to closure, bankruptcy and other reasons, you can start using the warranty fund in accordance with the provisions of Article 14 of these measures:
(a) after the delivery of the property, the owners find that there are quality problems in the housing construction project;
(two) the construction of supporting facilities in the property community is not carried out in accordance with the approved planning and design plan, or the related facilities are not matched.
Article 14 In case of any of the circumstances specified in Article 13 of these Measures, the relevant owners or owners' committees (excluding the community residents' committees of the owners' committees, the same below) shall apply, and after verification by the property administrative departments of the cities and counties with districts, the owners' committees shall organize maintenance, and the expenses shall be charged in the warranty fund.
Fifteenth because the construction unit fails to fulfill the warranty responsibility, the owners' committee uses the warranty money in accordance with the provisions of these measures, and the construction unit shall make up the warranty money in full within 05 days after using the warranty money.
Sixteenth districts of the city and county property departments shall, jointly with the finance department at the same level, organize regular or irregular inspection of warranty funds and their management every year, and strengthen supervision; The warranty fund management institution shall do a good job in the accounting of the warranty fund, regularly announce the deposit, use and refund of the warranty fund to the owners of relevant property communities every year, and accept the supervision of the owners.
Seventeenth warranty management fees into the department budget management, charged in the warranty value-added income, and together with the warranty accounting.
Article 18 Under the premise of ensuring the normal payment and safety of the warranty fund, the warranty fund management institution can be used to purchase the primary market government bonds or convert them into bank time deposits to realize the value-added and value-preserved, and shall not be used for other purposes.
Article 19 The storage period of quality guarantee money is 8 years.
The warranty management institution shall publicize the matters that should be returned in the relevant property community before the expiration of 8 years from the date of delivery of the residential property 1 month. If there is no objection, the principal of the warranty fund and the interest balance of the bank deposit shall be returned to the construction unit in accordance with the provisions of the preceding paragraph.
Twentieth construction units due to closure, bankruptcy or other circumstances, resulting in the unit does not exist, the city and county real estate departments should be publicized, publicity period of 30 days. If there is no objection at the expiration of the publicity period, the original balance of the principal and interest of the warranty fund will be transferred to the special maintenance fund of the same property area.
Article 21 When a construction unit goes out of business or goes bankrupt, its unpaid warranty money or the property maintenance fees that should be paid shall be included in the enterprise property liquidation procedure.
Article 22 If the staff of the property administrative department or other relevant administrative departments and warranty fund management institutions violate the provisions of these measures and commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) interception, misappropriation, embezzlement of warranty money;
(two) not in accordance with the provisions of these measures, resulting in the loss of warranty funds;
(3) Deliberately making things difficult or delaying the use and disbursement of warranty money;
(four) other dereliction of duty, abuse of power, abuse of power.
Twenty-third other property warranty management can be implemented with reference to these measures.
Article 24 These Measures shall come into force as of the date of promulgation.
The property warranty is a deposit, and there is a lot of money.
The staff of the Municipal Property Maintenance Fund Management Center said that before 2006, there was no property deposit. According to the relevant provisions of the Measures for the Management of Residential Property Maintenance Funds in Zhejiang Province issued in April, 2007, the construction unit shall report and register the newly-built houses for sale after 10 and 1 in 2006 to the Hangzhou property administrative department (the municipal property maintenance fund management center) at one time before the property is delivered for use.
According to the proportion of 2% of the housing cost, the warranty payment is not a small expense. Under what circumstances can the money be used?
Article 13 of the Measures for the Administration of Residential Property Warranty Funds in Zhejiang Province stipulates that during the property warranty period, if the construction unit fails to perform the warranty responsibility or fails to perform the warranty responsibility due to bankruptcy and other reasons, the warranty fund can be used according to the regulations: after the delivery of the community, the owner finds that there are quality problems in the house; The residential area fails to carry out supporting facilities construction in accordance with the approved planning and design scheme or the related facilities are not matched.
The warranty period is 8 years. Return it to the developer after 8 years. If the developer goes out of business or goes bankrupt, the original principal and interest of the warranty fund will be transferred to the residential property maintenance fund.
The staff of Hangzhou Property Maintenance Fund Management Center explained that in the case of the existence of developers, if the house has problems during the warranty period, it will generally be repaired by developers. If the developer doesn't come to repair, then find the competent department of the developer to coordinate and solve it.
Therefore, the property warranty fund is equivalent to the deposit paid by the competent department to ensure the quality of the house, and it will be returned to the developer after 8 years. At present, no community in Hangzhou has used this fund.
Guess you are interested in:
1. Regulations of Zhejiang Province on Property Management
2. Provisions of Hangzhou Municipality on the Administration of Residential Property
3. Regulations on the Administration of Residential Property
4. Property warranty entrustment agreement
5. Wenzhou Property Management Regulations
6. Provisions of Shanghai Municipality on the Administration of Residential Property
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