What is the specific content of document No.85 of Liaoning Provincial Construction Department 1996?

Notice on printing and distributing the Interim Measures for the after-sales management of public housing in Liaoning Province

Document number: Liao Jianfa [1996] No.85.

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Promulgator: Provincial Construction Department

Release date: 1996-4- 19 Effective date: 1996-4- 19.

Level of effectiveness: normative documents

Municipal Construction Committee (bureau), real estate bureau, housing reform leading group office, Shenyang Railway Bureau, Northeast Electric Power Administration, Northeast Petroleum Transportation Administration, Liaohe Petroleum Exploration Bureau, Provincial Posts and Telecommunications Administration, Provincial Coal Administration, and Provincial Housing Reform Leading Group:

The Interim Measures for the after-sales management of public housing in Liaoning Province have been discussed and agreed at the eighth meeting of the Provincial Construction Department and the Provincial Housing System Reform Leading Group, and are hereby printed and distributed to you, please follow them. Please combine the local conditions and conscientiously implement them.

April 19, 1996

Interim Measures for after-sales management of public housing in Liaoning Province

Chapter I General Principles

Article 1 In order to strengthen the management of after-sale use and maintenance of public housing, these Measures are formulated in accordance with the provisions of the state and the province on real estate management.

Article 2 The term "after-sale management of public housing" as mentioned in these Measures refers to the management of self-use parts, self-use equipment, * * use parts, * * use equipment and public facilities in residential quarters after public housing is sold to individuals.

Article 3 These Measures shall apply to the public housing sold to individuals within the administrative area of Liaoning Province according to the Administrative Measures for the Sale of Urban Public Housing in Liaoning Province.

Fourth public housing after-sales management adhere to the principle of combining the owner's self-management with the property management unit management, and implement socialized and industrialized management.

Fifth provincial construction administrative departments are the departments in charge of after-sales management of public housing in the province.

The real estate administrative department of the people's government of the city or county is the competent department of after-sales management of public housing within its administrative area (hereinafter referred to as the real estate administrative department).

Planning, municipal, sanitation, public utilities, gardens, public security, price, post and telecommunications, electric power and other departments at or above the county level shall, according to their respective responsibilities, do a good job in the after-sales management of public housing.

The municipal and county people's governments shall strengthen leadership, inspect and supervise, and do a good job in organizing and coordinating the after-sales management of public housing.

Chapter II Management Organization and Duties

Article 6 If the sale rate of public housing in a building reaches more than 30%, the selling unit shall set up a property management team (hereinafter referred to as the housing management team) together with the property owner within one month.

Members of the housing management team are produced by the owner of this building according to the proportion of the property area of public housing and private housing. Representatives of private housing property owners are recommended through consultation or democratically elected, and representatives of public housing property owners are appointed by public housing property owners. The housing management team should be composed of more than three people in an odd number.

Seventh housing management team has the following functions:

(a) to represent and safeguard the rights and interests of the owners and be responsible for the management of this house;

(two) to listen to and reflect the opinions and requirements of the property owners on the management of house decoration;

(3) To decide on the repair of the XX part and the XX equipment of the house;

(four) to decide on the collection, use and payment of housing renovation funds;

(five) to assist in mediating disputes over the use and repair of houses;

(six) to implement the decisions of the owners' congress;

(seven) to supervise the property owners and users to abide by the residents convention.

Article 8 If the sales rate of public houses in residential areas reaches more than 30%, and the residential area management committee has not been established, the real estate management departments at or above the county level and the units selling houses where the houses are located shall organize the first owners' meeting in China and elect the residential area management committee (hereinafter referred to as the management committee).

After the establishment of the CMC, the owners' meeting shall be held at least once a year.

Representatives of the owners' congress are composed of members of the housing management team in this residential area.

Article 9 The owners' congress shall exercise the following functions and powers:

(1) To elect and recall members of the Central Military Commission;

(two) to listen to and consider the work report of the CMC;

(three) to decide on major issues related to the interests of the owners of this residential area;

(four) to consider and pass the articles of association of the CMC and the residents' convention;

(five) to change or cancel the improper decision made by the CMC;

(six) to supervise the work of the CMC.

Article 10 The management committee elected by the first owners' meeting shall be reported to the real estate management department of the city or county where the house is located for review. When submitting an application for examination and approval, an application for the establishment of the management committee, the articles of association of the management committee, the list of members of the management committee and documents certifying the office space shall be submitted.

The real estate management department shall, within fifteen days after receiving the written application, put forward opinions on whether to agree to the establishment of the management Committee. If no opinions are put forward within the time limit, it shall be deemed as consent.

Members of the CMC are elected for a term of three years and may be re-elected. The number of CMC should be more than 7.

According to the needs of the work, the CMC can absorb representatives from residents' committees and relevant departments to participate.

Eleventh CMC has the following functions:

(a) to represent and safeguard the rights and interests of the owners, and to be responsible for the housing management of this residential area;

(two) to convene and preside over the owners' meeting and report to the meeting;

(three) to formulate the articles of association of the administrative committee and the residents' convention;

(4) Deciding to hire, renew or dismiss the property management unit, and signing the property management contract with the property management unit on behalf of the property owners.

(five) to consider the major measures for the annual renovation plan of residential quarters and the management services of residential quarters formulated by the property management unit;

(six) to inspect and supervise the daily work and management funds of the property management unit;

(seven) urge property owners and users to abide by the residents' convention;

(eight) the organization to create excellent residential activities.

Twelfth decisions of the CMC, residents' convention, articles of association of the CMC, and resolutions of the owners' meeting shall not contravene laws, regulations and rules. Otherwise, the city and county real estate management departments have the right to correct them.

Thirteenth residential areas should be entrusted by the CMC to undertake after-sales management services, and the entrusted property management unit must sign a property management contract with the CMC.

A property management contract shall include matters, authority, standards, fees, time limit, liability for breach of contract and other rights and obligations agreed by both parties.

After the signing of property management, it shall be reported to the municipal and county real estate management departments for the record within fifteen days.

Article 14 The management services entrusted by the CMC to the property management unit include * * * parts, * * equipment, public facilities renovation management, community service facilities operation management, housing renovation fund financial management, property file management and other entrusted matters.

Chapter III Use Management

Fifteenth adjacent households of property owners should correctly handle the relationship between housing use, water supply and drainage, transportation, ventilation, lighting, heating, maintenance and environmental protection in accordance with the principles of favorable residence, convenient residence, solidarity and mutual assistance, fairness and rationality.

Sixteenth housing units in the sale of public housing, housing use convention should be formulated. The purchaser shall sign the house use convention before signing the house sales contract.

After purchasing a house, the purchaser shall abide by the convention on the use of the house and the convention on residents in residential quarters adopted by the owners' meeting.

The Convention on the Use of Houses and the Convention on Residents of Residential Quarters are binding on the owners and users of houses, and are related to the use, maintenance and management of houses.

The model of housing use convention and residents convention shall be formulated by the municipal and county real estate management departments.

Seventeenth owners use the house to prohibit the following acts:

(a) changing the main load-bearing structure of the house and other parts of the house without authorization;

(two) unauthorized construction, occupation of green land and occupation of residential areas;

(three) unauthorized removal or occupation of equipment;

(four) the use of housing to engage in activities that endanger public interests;

(five) other acts prohibited by laws, regulations and rules.

Eighteenth property owners to rebuild the housing structure or change the main load-bearing structure of the housing, should apply to the real estate management department, the real estate management department for examination and approval before the completion, if there is any obstruction to neighboring households, but also should obtain the consent of neighboring households.

Nineteenth property owners to change the nature of the use of housing must meet the following conditions, and the house is located in the city,

Approved by the county real estate management department:

(a) shall not affect the safety and service life of the house;

(two) shall not affect the surrounding environment and the objective appearance of the city;

(three) shall not interfere with the normal use of adjacent households.

Property owners who change the nature of housing use and engage in business activities must be approved by the city and county real estate management departments before they can register with the administrative department for industry and commerce and apply for a business license.

Chapter IV Maintenance Management

Twentieth public housing after-sales housing maintenance responsibility, according to the following provisions:

(a) the maintenance and renewal of occupied parts and equipment shall be borne by the owner of the house at his own expense;

(two) the repair and renewal of the load-bearing structure, parts and equipment of the house shall be borne by the whole house owner according to the proportion of the construction area of each unit, and the expenses shall be paid in the house repair fund and equipment repair fund;

(three) the maintenance and renewal of public facilities shall be paid in the public facilities maintenance fund, and the insufficient part shall be paid in the city maintenance fee;

(four) the maintenance and renewal of service facilities in residential quarters shall be borne by the owners of the facilities, and the expenses shall be charged in the management fee income;

Man-made damage to * * * parts, * * equipment and public * * * facilities shall be repaired or compensated by the actor, and the expenses shall be borne by the actor.

Twenty-first damaged parts and equipment for personal use shall be repaired by the property owner; * * * Damaged parts and equipment shall be repaired by the housing management team; Damage to public facilities should be reported by the management Committee.

Twenty-second property management units after receiving the application for maintenance, should be in accordance with the provisions of the property management contract, timely maintenance, update.

For the maintenance of self-occupied parts and equipment of the unit housing property owner, the property management unit shall register on the spot, determine the maintenance time, timely maintain in accordance with the prescribed quality standards, and charge reasonable fees in accordance with the prescribed standards.

Twenty-third property management units in the maintenance of equipment, adjacent households should cooperate. Neighbors shall not obstruct the maintenance of * * * equipment for any reason. If neighboring households obstruct the repair and cause losses to houses and other personal property, the obstructionist shall be liable for compensation.

Chapter V Sources and Management of Repair Funds

Twenty-fourth after the sale of public housing, housing repair fund, public facilities repair fund and equipment repair fund should be established (hereinafter referred to as the major repair fund).

The maintenance fund shall be paid by the seller and the buyer according to the following standards when handling the house sales procedures;

(1) The housing repair fund shall be paid by the selling unit at the rate of 6-8% of the cost per square meter of the sold construction area, and by the purchaser at the rate of 1.50% of the cost per square meter of the purchased construction area.

(two) the public facilities maintenance fund shall be paid by the selling unit according to the proportion of 65438+ 0-2% of the cost per square meter of construction area.

(three) the public equipment overhaul and renewal fund shall be paid by the selling unit according to the proportion of +0-2% of the cost price per square meter of construction area of the house sold.

The specific payment ratio of the above three funds shall be determined by the municipalities.

When the housing repair fund is not used, the housing management team or the provincial party Committee shall raise funds from the housing property owners according to the proportion of the construction area of each unit.

Twenty-fifth repair funds should be stored and managed by the selling unit in the designated financial institutions.

The maintenance fund must be used exclusively for the maintenance and renewal of * * * parts of houses, * * equipment and public * * * facilities, and shall not be used for other purposes. 、

Maintenance fund revenue and expenditure, the property management unit should be published once every six months to the property owner, and accept the supervision of the CMC and the Housing Management Group and the property owner.

Twenty-sixth maintenance funds are stored and managed by the selling units. Need to use, the CMC should make a project budget, reported to the real estate management department for approval before use.

Twenty-seventh housing property transfer should be reported to the housing management team and the CMC in advance, and go through the formalities for changing the name of the account according to the regulations.

After the property owner transfers the house, the house repair fund paid by the base will not be refunded and will continue to be used for house repair. The remaining part of the house decoration fund paid by the original individual shall be settled after verification by the management committee and the property management unit, and shall be paid by the transferee to the transferor.

Twenty-eighth residential areas, housing public lighting electricity and high-rise elevators, pumps, according to the actual settlement, by the property owners according to the proportion of housing construction area.

Twenty-ninth owners and property users need to pay the property management service fee to the property management unit.

The property management service fee consists of the manager's salary, welfare fees extracted according to regulations, daily operation and maintenance fees of public facilities and equipment, cleaning and sanitation fees, security fees, office expenses, depreciation fees of fixed assets of the property management unit, and statutory taxes and fees.

Property management service charges, where government pricing and government guidance, proposed by the real estate management department, the provincial price department for approval before implementation.

In addition to the charging standards stipulated by the government price department, the property management unit is the property owner, and the services provided by users are priced by the operators. The operator's pricing should be filed with the local price department.

Chapter VI Supplementary Provisions

Thirtieth the meaning of the following terms in these Measures:

(1) Owners refer to the owners of residential houses and non-residential houses in residential areas;

(2) Residential areas refer to residential areas with corresponding supporting public facilities. Residential areas with a construction area of over 20,000 square meters (including 20,000 square meters).

(3) Self-use parts refer to the living room, room, kitchen, bathroom, balcony and courtyard (including fence) and interior wall painting. Occupied by the property owner of the unit house.

(4) Self-use equipment refers to the doors and windows, bathtubs, bathrooms and other equipment occupied by the property owner in the unit house.

(5)* * * Use parts refer to the stairwell, water pump room, electric meter room, elevator room, telephone branch room, elevator room, corridor, lobby, communication room, load-bearing structure, external wall, external wall, corridor wall and wall painting of the whole building;

(6) * * * equipment refers to the sewer pipes, lighting lamps, garbage passages, water tanks, pumps, lightning protection devices, fire fighting equipment, etc. used by the property owner of the whole building.

(7) Public facilities refer to roads, sewer pipes, pits, septic tanks, garbage and waste storage facilities, lighting street lamps, green spaces and other facilities used by residents in residential areas.

(8) The load-bearing structure of a house refers to the floor, roof, beams and columns, load-bearing walls and foundations of the house.

Thirty-first in violation of the provisions of these measures, the CMC or the property management unit shall stop, criticize and educate, order restitution, and compensate for losses, and the property management department at or above the county level where the house is located shall be punished in accordance with the relevant provisions.

Thirty-second "Liaoning province urban public housing sales management measures" before the promulgation of the management of public housing sold to individuals, with reference to these measures.

Thirty-third municipalities can formulate detailed rules for implementation according to these measures.

Thirty-fourth the specific application of these measures shall be interpreted by the Provincial Construction Department.

Article 35 These Measures shall come into force as of the date of promulgation.