Full text of the detailed rules for the implementation of Jilin Province's property management regulations (II)

Detailed Rules for the Implementation of Jilin Province Property Management Regulations (full text)

Article 23

When a construction project meets the following conditions, the construction unit and the property service enterprise shall conduct property acceptance:

(a) the construction project has been completed, and the construction project quality supervision institutions for the record;

(two) all kinds of facilities and equipment supporting the planning have been implemented, accepted and can be used normally, confirmed by the relevant units, and handled the handover procedures;

(three) the new project is built by stages according to the planning requirements, and safety isolation measures have been taken for the part under construction and the part delivered for use;

(four) construction waste, garbage, construction machinery and all kinds of temporary buildings have been cleaned up;

(5) The owners' selection of the prophase realty service enterprise complies with the relevant provisions, and the prophase realty service contract has been signed;

(six) there are real estate services and business premises that meet the requirements;

(seven) other conditions stipulated by laws, regulations and rules.

City Property Management Association shall formulate standards for property inspection and acceptance, and guide construction units and property service enterprises to do a good job in property inspection and acceptance.

Article 24

Construction units and property service enterprises shall set up an acceptance team to conduct property acceptance in accordance with the following provisions:

(a) check the houses and facilities, and make inspection records;

(two) the construction unit shall make a written commitment to the realty service enterprise to repair the problems found in the inspection, the responsible departments and standards;

(three) after the acceptance, the construction unit shall hand over the information stipulated in Article 44 of the Regulations to the realty service enterprise, and sign a realty acceptance agreement with the realty service enterprise. Property inspection and acceptance agreement includes the following contents:

1. Project name, inspection and reception contents;

2 housing and supporting facilities and equipment acceptance and existing problems and solutions;

3. Personnel involved in the acceptance and the acceptance time;

4 other relevant matters and the details of the transfer of information.

Article 25

According to the second paragraph of Article 44 of the Regulations, the construction unit and the realty service enterprise shall, after accepting the acceptance of the realty project, apply to the county (city) and district realty management administrative department for the inspection and filing of the acceptance data of the realty project.

The construction unit or the realty service enterprise shall not handle the check-in formalities for the owners of the realty project without acceptance and filing.

Article 26

Before handling the pre-sale (sales) license of commercial housing, the construction unit shall, in accordance with the provisions of Article 6 of the Measures for the Administration of Property Maintenance Funds in Jilin Province, pay the following three kinds of special maintenance funds in addition to the full payment of special maintenance funds to the owners:

(a) houses with elevators, elevator special maintenance funds per square meter in 30 yuan;

(two) the special maintenance funds as stipulated in Article 22 of these Rules;

(three) special maintenance funds for supporting houses such as property service houses.

The owner does not undertake the three special maintenance funds specified in the preceding paragraph.

Article 27

The tax on special maintenance funds collected by the construction unit according to the regulations shall be implemented in accordance with the provisions of State Taxation Administration of The People's Republic of China Document No.200469.

Article 28

During the property warranty period, if the construction unit refuses to perform the warranty responsibility, the owners and the owners' committee may make a written complaint to the county (city) or district property management administrative department, which shall inform the construction unit in writing and fulfill the warranty responsibility within a time limit.

If the construction unit fails to perform the warranty responsibility within the time limit, the owner and the owners' committee may bring a lawsuit to the people's court according to law. At the same time, the district property management administrative department shall promptly report the situation that the construction unit fails to perform the warranty responsibility in writing to the municipal property management administrative department. City, county (city) property management administrative departments in accordance with the proportion of 10% to deduct the property maintenance deposit of the construction unit, and transfer the deducted property maintenance deposit to the property special maintenance fund account.

Article 29

After the warranty period of the property project expires, the construction unit shall go through the formalities of returning the property maintenance deposit (principal and interest) to the county (city) and district property management administrative department with the following information.

(a) the property project completion acceptance certificate;

(2) Property maintenance deposit certificate;

(3) Deducting information such as maintenance deposit.

With the consent of the county (city) and district property management administrative departments, the city and county (city) property management administrative departments will return the property maintenance deposit (principal and interest) to the construction unit.

Article 30

Housing reform units or units that undertake their rights and obligations shall, in accordance with the provisions of Article 53 of the Regulations, perform the maintenance responsibilities of the parts and facilities of the house itself.

Article 31

The implementation of comprehensive services of property projects, property service enterprises shall, in accordance with the provisions of Article 58 of the Regulations, constitute the cost of property services or property service expenditure, earmarked for the daily operation and maintenance of property parts, facilities and equipment, and the annual expenditure shall not be less than 20% of the annual cost of property services.

Article 32

After the delivery data of the property project is checked and put on record, the date when the construction unit sends the occupancy notice to the owner shall be regarded as the date when the property is delivered to the property buyer.

After receiving the notice of occupancy, the owner shall go through the formalities of occupancy. The property service fee is calculated from the month of check-in; If the owner fails to go through the check-in formalities within the notice period, the property service fee shall be calculated from the month when the notice is closed.

Property service fees shall be charged according to the construction area specified in the owner's house ownership certificate.

Article 33

From the date when the realty service enterprise and the construction unit sign the realty service contract to the date when the property is delivered to the property buyer, the construction unit shall bear the expenses of the realty service enterprise's early construction intervention, undertaking the property inspection, compiling the owner's occupancy information, and decorating the realty service room.

Article 34

According to the provisions of Article 60 of the Regulations, after the settlement of the property service fee, the procedures for the transfer of house ownership shall be handled, and the specific measures shall be formulated separately by the Municipal Housing Security and Real Estate Management Bureau.

Article 35

According to the second paragraph of Article 68 of the Regulations, the sanitation department shall treat the domestic garbage generated by the owners and shall not charge the realty service enterprise.

Article 36

Non-domestic garbage, such as construction garbage generated by the owners, can be removed by themselves or entrusted by the realty service enterprise in writing.

Owners to dismantle, should be subject to the unified management of property services companies; If the realty service enterprise is entrusted in writing to relocate, the relocation fee shall be determined by both parties through consultation according to the market price.

Article 37

The prices of water, electricity, gas and heat used by property service enterprises in property management activities shall be implemented in accordance with the relevant provisions of the Measures for Property Management in Jilin Province.

Article 38

Property service enterprises that violate the provisions of the second paragraph of Article 10, Item (1) of Article 13, Item (9) of Article 14, Item (10), Item (11), Item (12) and Article 16 of these Rules shall be ordered by the county (city) and district property management administrative departments to make corrections within a time limit and impose a fine of 30,000 yuan. If no correction is made within the time limit, the municipal property management administrative department shall cancel the qualification or suggest that the competent department cancel the qualification according to law and lower the qualification level of property services, and suggest that the administrative department for industry and commerce shall be punished according to law.

Article 39

Property service enterprises in violation of the rules of Article 13 (2), (5), Article 14 (1), (4), (5), (7) and (8), the county (city) and district property management administrative departments in accordance with the "Regulations on Property Management", "Regulations on Property Management in Jilin Province" and the Ministry of Construction "Measures for the Administration of Property Service Enterprises.

Article 40

In violation of the provisions of Article 17 of these Rules, those who engage in property management activities without filing shall be ordered by the district property management administrative department to make corrections within a time limit and be fined according to the standard of property management area 1 square meter.

Article 41

In violation of the provisions of Article 18 of these rules, the realty service enterprise fails to announce the income and expenditure of realty service fees to the owners in accordance with the provisions, and the county (city) and district administrative departments of realty management shall order it to make corrections within a time limit and impose a fine of 1 10,000 yuan.

Article 42

In violation of the provisions of the third paragraph of Article 22 of these Rules, if the construction unit of the renovation of dilapidated buildings and shantytowns fails to provide business premises in accordance with the standards, the county (city) and district property management administrative departments shall order it to make corrections within a time limit and impose a fine of 30,000 yuan.

Article 43

In violation of the provisions of the second paragraph of Article 25 of these rules, the construction unit or the realty service enterprise shall go through the check-in formalities for the property project owners who have not handled the check-in acceptance materials, and the county (city) and district property management administrative departments shall order them to make corrections within a time limit and impose a fine of 1000 yuan per household.

Article 44

In violation of the provisions of the second paragraph of Article 26 of these Rules, if the construction unit collects special maintenance funds for elevators, business buildings, property service buildings and other supporting buildings from the owners, the county (city) district property management administrative department shall order it to make corrections within a time limit and impose a fine of 10% of the received amount.

Article 45

In violation of the provisions of Article 30 of these rules, if the unit selling the house reform or the unit undertaking its rights and obligations fails to perform the responsibility for the maintenance of its own parts and facilities, the county (city) and district real estate management administrative department shall order it to make corrections within a time limit and impose a fine of 30,000 yuan.

Article 46

If a party refuses to accept the administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. During the period of administrative reconsideration or administrative litigation, the decision on administrative punishment shall not be suspended.

Article 47

These rules are organized and implemented by the Municipal Housing Security and Real Estate Management Bureau and are responsible for the interpretation.

Article 48

These Detailed Rules shall come into force as of the date of 2011115. ;