Regulations of People's Republic of China (PRC) on Early Property Management

The construction unit shall formulate a temporary management agreement before selling the property, and make an agreement on the use, maintenance and management of the property, the interests of the owner, the obligations that the owner should perform, and the responsibilities that should be borne in violation of the temporary management agreement.

The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers. The construction unit shall express the temporary management agreement to the property buyer before the property is sold and explain it.

When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management agreement. The state encourages construction units to select qualified property service enterprises through bidding in accordance with the principle of separating real estate development from property management.

The construction unit of residential property shall select and employ property service enterprises with corresponding qualifications through bidding; If the number of bidders is less than three or the residential scale is relatively small, with the approval of the real estate administrative department of the district or county people's government where the property is located, a property service enterprise with corresponding qualifications may be selected by agreement. When handling the property acceptance formalities, the construction unit shall hand over the following information to the property service enterprise:

(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(2) Technical data such as installation, use and maintenance of facilities and equipment;

(three) property quality warranty documents and property use documents;

(four) other information required for property management.

When the prophase realty service contract is terminated, the realty service enterprise shall hand over the above information to the owners' committee. Enterprises engaged in property management activities shall have independent legal personality.

The state implements a qualification management system for enterprises engaged in property management activities. The specific measures shall be formulated by the administrative department of construction in the State Council. The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc. The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law. When undertaking the property, the realty service enterprise shall go through the formalities of property acceptance with the owners' committee.

The owners' committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the realty service enterprise. When the realty service contract is terminated, the realty service enterprise shall return the property management house and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee.

When the realty service contract is terminated, if the owners' congress selects a new realty service enterprise, the realty service enterprise shall do a good job of handover. The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit. Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners. The realty service enterprise shall stop the violation of laws and regulations such as public security, environmental protection, property decoration and use in the realty management area, and report to the relevant administrative departments in a timely manner.

After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law. The realty service enterprise shall assist in the safety work within the realty management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work.

The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens. The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations.

If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability. Public buildings and facilities planned and constructed within the property management area shall not be changed.

If the owners need to change the use of public buildings and facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law. Owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners.

Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit. Water supply, power supply, gas supply, heating, communication, cable television and other units shall bear the responsibility for the maintenance and conservation of relevant pipelines and facilities and equipment within the property management area according to law.

If the units specified in the preceding paragraph temporarily occupy or dig roads and sites due to maintenance, they shall promptly restore the original state. If the owner needs to decorate the house, he shall inform the property service enterprise in advance.

The realty service enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration. Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single house shall pay special maintenance funds in accordance with relevant state regulations.

Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.

Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department of the State Council in conjunction with the finance department of the State Council. If there are potential safety hazards in the property, which endanger the public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintain it, and the relevant owners shall cooperate.

If the responsible person fails to perform the maintenance obligation, it can be maintained by the property service enterprise with the consent of the owners' meeting, and the expenses shall be borne by the responsible person.