Measures of Beijing Municipality on Property Management
Order of Beijing Municipal People’s Government
No.219
Measures of Beijing Municipality on Property Management, adopted at the sixty-fourth executive meeting of the Municipal People’s Government on April 6, 2010, are hereby promulgated and shall come into force as of October 1, 2010.
Mayor Guo Jinlong
April 20, 2010
Measures of Beijing Municipality on Property Management
Catalogue
Chapter I General Provisions
Chapter II Early Property Management
Chapter III Owners, Owners’ Congress and Owners’ Committee
Chapter IV Property Services
Chapter V Use and Maintenance of Property
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 In order to standardize the property management activities in this Municipality, safeguard the legitimate rights and interests of all parties involved in property management, and promote the building of a harmonious community, these Measures are formulated in accordance with the Property Law of People’s Republic of China (PRC) and the Regulations on Property Management, combined with the actual situation of this Municipality.
Article 2 The term "property management" as mentioned in these Measures refers to the maintenance, conservation and management of buildings, structures, supporting facilities and equipment and related sites within the property management area by the owners themselves or through others, and the activities of maintaining environmental sanitation and related order.
Third city housing administrative departments responsible for the supervision and management of the city’s property management activities. District and county housing administrative departments are responsible for the supervision and management of property management activities within their respective administrative areas.
Departments in charge of industries and professional supervision departments that provide special services such as water supply, drainage, power supply, gas supply, heating, environmental sanitation, landscaping, parking management, order maintenance, facilities and equipment maintenance are responsible for relevant supervision and management according to law.
Fourth district and county people’s governments should do a good job in property management and the construction of harmonious communities within their respective jurisdictions.
Sub-district offices and Township People’s governments are responsible for assisting, guiding and supervising the establishment and activities of owners’ congresses and owners’ committees within their respective jurisdictions, and coordinating and handling disputes.
Chapter II Early Property Management
Article 5 The construction unit shall, before selling the house, divide the property management area according to the common facilities and equipment of the property, the scale of the building, community construction and other factors, and make it clear in the house sales contract.
If the main supporting facilities and equipment of the property are shared with related sites, it shall be divided into a property management area; Residential areas and non-residential areas should be divided into different property management areas in principle.
Article 6 Where the owners jointly decide to separate or merge the property management area, they shall apply to the neighborhood offices and township people’s governments where the property is located, and the neighborhood offices and township people’s governments shall review it jointly with the district and county housing administrative departments and other relevant departments. If it is really necessary to adjust it, it shall be confirmed and announced.
Article 7 For newly-built residential properties, the construction unit shall allocate and build property service rooms, including customer service reception, preservation of project archives, storage of tools and materials, staff on duty for attendance, office rooms for owners’ meetings and owners’ committees, etc., and specify the location of the property service rooms (specific to the building and room number) in the house sales contract. The building area of the realty service house shall not be less than 150 square meters, including the above-ground house of not less than 100 square meters, and the building area of the office building of the owners’ congress and owners’ committee of 30 to 60 square meters.
The planning administrative department shall, in the process of planning permission and acceptance, review whether the construction area, location and configuration of the property service house meet the planning and design indicators. The housing administrative department shall check the configuration of the property service room when handling the record of real estate surveying and mapping results.
Article 8 The construction unit shall assume the responsibility for the prophase property service. When selling a house, the prophase realty service contract shall be an annex to the house sales contract.
The agreement on whether the realty service is charged, the charging standard and the service standard in the prophase realty service contract shall comply with the relevant provisions of this Municipality.
The construction unit may entrust all the special services to the property service enterprise, or entrust the special services to the professional service enterprise.
Article 9 Before selling the property, the construction unit shall formulate a temporary management statute and publicize it in the sales place, and make an agreement according to law on the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear if they violate the temporary management statute. Temporary management regulations shall not infringe upon the legitimate rights and interests of property buyers.
The municipal housing administrative department shall formulate and issue a model text of the temporary management statute.
Article 10 Where the owners jointly decide to terminate the prophase realty service contract, the construction unit shall check and hand over the shared part of the realty with all the owners, withdraw from the realty management area, and hand over the following materials:
(a) information on the division of property management areas;
(two) the annexes and drawings of the construction land planning permit and the construction project planning permit;
(three) the completion acceptance report and completion general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings, fire acceptance and other completion acceptance data;
(four) the factory random data of facilities and equipment, installation, acceptance, use, maintenance and regular inspection and other technical data, operation and maintenance records;
(five) property quality warranty documents and property use documents;
(6) the list of owners;
(seven) other information necessary for property management.
All owners shall inspect the shared part of the property before undertaking, and may entrust the realty service enterprise selected for inspection. All owners and construction units can also jointly entrust the property service evaluation and supervision institutions for inspection.
Chapter III Owners, Owners’ Congress and Owners’ Committee
Eleventh owners of the common part of the property management area to implement joint management. The following matters shall be jointly decided by the owner:
(a) to formulate or modify the management statute and the rules of procedure of the owners’ congress;
(2) Electing or replacing members of the owners’ committee;
(three) to determine or change the property management mode, service content, service standard and charging scheme;
(four) hiring, dismissing the realty service enterprise or no longer accepting the factual services of the realty service enterprise;
(five) to raise, manage and use special maintenance funds;
(six) to apply for renovation and reconstruction of buildings and ancillary facilities;
(seven) to apply for the division or merger of the property management area;
(eight) to decide on other major property management matters within the property management area.
Decisions on items (5) and (6) shall be subject to the consent of owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of owners; The decision on Item (7) shall be approved by the owners whose exclusive parts account for more than two-thirds of the total building area and two-thirds of the total number in the original property management area and the property management area to be divided or merged; Decisions on other matters shall be subject to the consent of owners whose exclusive parts account for more than half of the total building area and more than half of the total number of owners.
Twelfth owners can take buildings, units, floors as a unit, and jointly decide the property management matters within their own units. The scope and decision procedures of the matters shall be stipulated by the rules of procedure of the owners’ congress or decided by all owners in the property management area.
Thirteenth owners can set up owners’ meeting, which is composed of all owners in the property management area, to jointly manage the common parts in the property management area and carry out activities related to property management in accordance with relevant regulations. A property management area establishes an owners’ meeting.
Without the establishment of the owners’ meeting, the property service enterprises stop service or other major and urgent property management events, which require the owners to jointly decide to dismiss or hire the property service enterprises or other matters, the neighborhood offices and township people’s governments where the property is located shall guide and assist the owners to jointly decide relevant matters.
Article 14 If the proprietary part that has been delivered to the owners in the property management area reaches more than 50% of the total building area, the construction unit shall submit the materials needed for the preparation of the first owners’ meeting to the neighborhood offices and township people’s governments where the property is located, and recommend the owners’ representatives as temporary conveners to convene the owners who account for more than 5% of the total number or the proprietary part accounts for more than 5% of the total building area to submit a written application to the neighborhood offices and township people’s governments where the property is located for the establishment of the owners’ meeting; Owners who account for more than 5% of the total number of people or whose exclusive parts account for more than 5% of the total building area may also submit a written application to the neighborhood offices and township people’s governments where the property is located.
Fifteenth street offices and Township People’s governments shall, within 60 days from the date of receiving the application, designate a representative as the head of the preparatory group, organize the establishment of the preparatory group for the first owners’ meeting, and the preparatory group shall be responsible for convening the first owners’ meeting. The number of owners’ representatives of non-construction units in the preparatory group shall not be less than two-thirds of the voting members in the preparatory group.
After the list of members of the preparatory group is determined, it shall be publicized in a prominent position in the property management area.
Article 16 The construction unit shall, within 7 days from the date of the establishment of the preparatory group for the first owners’ meeting, provide the preparatory group with information such as the owners’ roster, the area of the owners’ exclusive part and the total area of the building, and bear the expenses required for preparing and convening the first owners’ meeting.
Seventeenth owners of the general assembly elected owners committee. The owners’ committee shall, within 30 days from the date of election, submit the following materials to the neighborhood offices and Township People’s governments where the property is located for the record:
(a) the report issued by the preparatory group and signed by the group leader on the establishment of the owners’ meeting and the election of the owners’ committee;
(2) resolutions of the owners’ congress;
(three) management regulations, rules of procedure of the owners’ congress;
(4) List of members of the owners’ committee.
If the materials are complete, the subdistrict office and the Township People’s Government shall put on record on the spot, and send a copy of the filing materials to the district and county housing administrative departments within 7 days after filing, and at the same time, inform the local public security police station and community residents’ committee of the relevant information in writing. When the contents of items (2), (3) and (4) are changed, the procedures for filing changes shall be handled in time.
Eighteenth members of the owners’ committee shall implement the tenure system, and matters related to the term of office, alternate, vacancy and termination of qualification shall be stipulated by the rules of procedure of the owners’ congress. In any of the following circumstances, the membership will be automatically terminated:
(a) the term of office expires;
(two) no longer have the identity of the owner;
(3) having limited or no capacity for civil conduct;
(4) Being investigated for criminal responsibility according to law and unable to perform the duties of a member;
(five) to resign in writing to the owners’ congress or the owners’ committee;
(six) other circumstances stipulated in the rules of procedure of the owners’ congress.
If the membership of the owners’ committee is terminated, the archives, seals and other property that should be handed over shall be handed over to the owners’ committee within 3 days from the date of termination; Refuse to hand over the seal, related property and archives, neighborhood offices and Township People’s governments shall order the transfer, and the public security organ where the property is located shall provide assistance.
Chapter IV Property Services
Article 19 The realty service enterprise selected by the owners shall have the legal person qualification and obtain the realty service enterprise qualification in accordance with the provisions of the state.
The municipal housing administrative department shall establish the credit information system of the realty service enterprise, and implement dynamic supervision and management of the realty service enterprise.
Article 20 A realty service contract shall stipulate the rights and obligations of both parties, realty service matters, service standards, service fees, project leader, management and use of realty service premises, contract term, service handover, liability for breach of contract, etc.
The realty service enterprise shall, within 15 days from the date of signing the realty service contract, report the realty service contract to the district/county housing administrative department where the realty service project is located for the record, and the district/county housing administrative department shall send a copy of the filing materials to the neighborhood offices and Township People’s governments where the realty service project is located.
Twenty-first property services are comprehensive services including various special services. Property service enterprises may entrust special services to professional service enterprises, but shall not entrust all property services to other units or individuals.
If the realty service enterprise is not selected, the owners may jointly decide to entrust all special services to professional service enterprises or individuals.
Twenty-second realty service enterprises shall provide services with quality and price in accordance with the realty service contract and the service standards and technical specifications stipulated by this Municipality.
Property service enterprises and related personnel shall have corresponding qualifications or entrust units and individuals with corresponding qualifications to carry out operations involving personal safety such as boilers, elevators, electricity, refrigeration, limited space and high altitude; Commissioned by the implementation, it should be clear about their respective safety management responsibilities.
Twenty-third property service enterprises shall, in accordance with the provisions of the competent price department, publicize the relevant information such as service items, service standards, charging items and charging standards in a prominent position in the property management area.
The realty service enterprise shall, in the first quarter of each year, publicize the performance of the realty service contract in the previous year, the revenue and expenditure of the realty service project, and the revenue and expenditure budget of the realty service project this year. When the owners raise questions, the realty service enterprise shall give a timely reply. If the owners jointly decide or the owners’ committee requests to audit the income and expenditure of the property service project, the property service enterprise shall cooperate.
Twenty-fourth before the expiration of the term of the realty service contract, all owners shall jointly decide the property management mode, service content, whether to replace the realty service enterprise and other matters.
Decided to renew the original realty service enterprise, it shall negotiate with the original realty service enterprise to sign a realty service contract; If it decides to dismiss, it shall perform the necessary notification obligations. If the notice period is not stipulated in the contract, it shall inform the original property service enterprise three months before the expiration of the contract period and make an announcement in the property management area.
Twenty-fifth before the termination of the realty service contract, the realty service enterprise shall not stop the service.
If the realty service contract expires and the realty service enterprise decides not to renew the realty service contract, it shall perform the necessary notification obligation before the expiration of the contract period; If the notice period is not stipulated in the contract, the owner shall be notified three months before the expiration of the contract period.
Twenty-sixth property services companies did not sign a written property services contract with the owners, but in fact provided property services and fulfilled the obligation to inform, the property services companies have the right to require the owners to fulfill the relevant obligations.
Owners jointly decide not to accept property services, property services companies shall not forcibly provide property services, and shall not charge property services fees to owners on the grounds of factual services. If a realty service enterprise decides not to provide realty service, it shall inform the owner three months in advance.
Twenty-seventh realty service contract is terminated or the owners jointly decide not to accept the factual service, the realty service enterprise shall complete the handover with all the owners within 60 days. The realty service enterprise shall perform the following handover obligations and withdraw from the realty management area:
(a) the transfer of property sharing part;
(two) the transfer of relevant information as stipulated in Article 10 of these Measures;
(three) the technical data such as the use, maintenance and regular inspection of the property and facilities formed during the handover of property services, and the operation and maintenance records;
(four) to settle the related expenses of advance collection and collection;
(five) other matters stipulated by laws, regulations and rules and agreed in the realty service contract.
The original realty service enterprise shall not refuse to handle the handover on the grounds that the owner owes the realty service fee or disagrees with the joint decision of the owner. The original property service enterprise shall maintain the normal order of property management during the period from the handover to the withdrawal from the property management area, and shall not charge the owners for property services.
If the original realty service enterprise refuses to withdraw from the realty management area, the new realty service enterprise and the owner shall negotiate with the original realty service enterprise for settlement; If negotiation fails, it shall bring a lawsuit or apply for arbitration according to law, and shall not take over by force. Sub-district offices, Township People’s governments and housing administrative departments shall strengthen supervision over the handover of property service enterprises.
Article 28 A realty service enterprise shall appoint a project leader in accordance with the realty service contract. Unless otherwise agreed in the realty service contract, the project leader can only serve in one realty service project in principle.
Property services companies to replace the person in charge of the project, it should promptly inform the owners and publicity. Where the owners jointly decide to require the realty service enterprise to replace the person in charge of the project, the realty service enterprise shall replace it in time.
Twenty-ninth owners, property service enterprises, construction units and relevant departments may entrust property service evaluation and supervision institutions to evaluate and supervise the quality of property services, service fees and the management status of property sharing parts.
Property service evaluation and supervision institutions shall provide professional services in accordance with the relevant provisions of this Municipality, and shall not issue evaluation and supervision reports with false contents, misleading statements and major omissions.
Thirtieth housing administrative departments should strengthen the supervision and management of property service activities, and handle property service complaints in a timely manner.
This Municipality supports the property service industry associations to give full play to the role of service, communication and supervision, improve the self-discipline system of the property service industry, and promote the development of the property service industry. Property service industry associations can regularly publish property service cost information according to the nature of property service projects, property service content, service standards and other factors.
Chapter V Use and Maintenance of Property
Thirty-first residential property decoration, the owners or property users shall apply for registration in accordance with the provisions, and signed a residential decoration service agreement with the property service enterprises. The realty service enterprise shall publicize the time and place of decoration in the building where the owner is located.
Property service enterprises should strengthen the inspection and supervision of decoration activities. If the owner or property user refuses to apply for registration or violates the relevant provisions and decoration service agreement, the property service enterprise shall promptly inform and discourage it; Refuses to correct, the realty service enterprise shall promptly report to the relevant competent departments, and publicity in the property management area.
Thirty-second construction units to sell garages and parking spaces within the property management area, should be handled in accordance with the law before the sale of garages and parking spaces pre-sale permit or property registration. Garages and parking spaces planned for parking vehicles in the property management area shall not be sold to anyone other than the owners of the property management area.
If the construction unit rents the garage and parking space planned for parking vehicles in the property management area, it shall first rent it to the owners of the property management area. After meeting the needs of the owners in this area, the construction unit may lease the garage and parking space to others other than the owners in this area for a period of not more than six months. The construction unit shall negotiate with all the owners when adjusting the rent.
Users of garages and parking spaces other than the owners shall abide by the provisions of the management statute on parking management.
Thirty-third property management area, water supply, power supply, gas supply, heating, communications, cable television and other professional business units shall charge the relevant fees to the end users, and shall bear the responsibility for the maintenance and conservation of related pipelines and facilities.
Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall issue an invoice to the owner of a professional business unit, and shall not charge the owner additional fees such as handling fees, and shall not restrict or restrict professional services in disguise on the grounds that the owner is in arrears with the property service fees.
Thirty-fourth the following emergencies that endanger the safety of housing use need to be repaired, updated and transformed immediately, and special maintenance funds shall be used in accordance with relevant regulations:
(a) the roof waterproof damage caused by leakage;
(two) elevator failure endangers personal safety;
(three) high-rise residential water pump damage caused by the interruption of water supply;
(four) more than one-fifth of the unilateral facade of the building is in danger of falling off;
(five) special drainage facilities due to collapse, blockage, burst and other functional obstacles, endangering personal and property safety;
(six) there is a functional obstacle in the fire control system, and the fire control management department requires the maintenance, renewal and transformation of fire control facilities and equipment.
The specific measures for the use of special maintenance funds shall be formulated by the municipal housing administrative department in conjunction with relevant departments.
Thirty-fifth when the property is transferred, the owner shall explain to the transferee the deposit and balance of special maintenance funds, and the balance of special maintenance funds in the property ledger shall be transferred with the property at the same time.
Article 36 The construction unit shall undertake the warranty responsibility of buildings and ancillary facilities and equipment in accordance with the provisions of the state and the warranty period and scope agreed in the house sales contract. During the warranty period, the owners, property users and property service enterprises shall provide assistance and cooperation.
Article 37 When the shared part of a property is repaired, maintained, updated or transformed, the owners and users of the relevant proprietary part shall cooperate with each other, and if the proprietary part is lost, the responsible person shall bear legal responsibilities such as restitution and compensation for losses according to law.
Article 38 When transferring or leasing a property, the owner shall inform the transferee or lessee of the management agreement, the property service contract, the payment of relevant fees and other matters, and inform the property service enterprise of the sale or lease within 15 days from the date of signing the sales contract or lease contract.
If the owner transfers the property, it shall settle the relevant expenses with the property service enterprise and professional service enterprise.
Chapter VI Legal Liability
Thirty-ninth in violation of the provisions of article tenth of these measures, the construction unit fails to perform the handover obligations, and the district and county housing administrative departments shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 30 thousand yuan may be imposed.
Fortieth in violation of the provisions of article sixteenth of these measures, if the construction unit fails to provide relevant information to the preparatory group for the first meeting of the owners’ congress, the neighborhood offices and township people’s governments where the property is located shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 30 thousand yuan may be imposed.
Forty-first in violation of the provisions of article twentieth of these measures, the realty service enterprise fails to submit the contract for the record on time, and the district/county housing administrative department shall order it to make corrections within a time limit and may impose a fine of 10,000 yuan.
Forty-second in violation of the provisions of article twenty-fifth, article twenty-sixth, the realty service enterprise without authorization to stop the realty service, the district housing administrative department shall order it to make corrections, and may be fined 10 thousand yuan to 100 thousand yuan; If losses are caused, they shall be liable for compensation according to law.
Forty-third in violation of the provisions of the provisions of article twenty-seventh, the original property service enterprises failed to hand over, the district and county housing administrative departments shall order the handover within a time limit; Fails to hand over, can be fined 30 thousand yuan.
In violation of the provisions of the provisions of article twenty-seventh, the original property service enterprises refused to withdraw from the property management area, the district and county housing administrative departments shall be ordered to withdraw within a time limit; Fails to withdraw, can be fined 100 thousand yuan; If the normal order of property management cannot be maintained, the district and county people’s governments shall instruct the district and county housing administrative departments, the neighborhood offices where the property is located, the Township People’s governments and the public security organs to take over.
In violation of the provisions of the provisions of article twenty-seventh, the new property service enterprises forcibly take over, the district and county housing administrative departments shall order it to make corrections, and may be fined 10 thousand yuan to 100 thousand yuan; If losses are caused, they shall be liable for compensation according to law.
Forty-fourth owners’ committee fails to perform or fails to perform its duties, the neighborhood offices and Township People’s governments where the property is located shall order it to perform its duties within a time limit; If it fails to perform within the time limit, the sub-district office and the Township People’s Government shall guide and assist the owners to convene a meeting of the owners’ general assembly to decide on relevant matters.
Where the decision made by the owners’ congress or the owners’ committee violates laws, regulations and rules, the subdistrict office and the Township People’s Government where the property is located shall order it to correct or cancel its decision within a time limit and notify all the owners. If the decision made by the owners’ congress or the owners’ committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people’s court to revoke it.
Chapter VII Supplementary Provisions
Forty-fifth the term "shared part of the property" as mentioned in these Measures refers to the buildings, structures, supporting facilities and equipment and related sites that are jointly managed by the owners in accordance with the regulations except the exclusive part of the owners in the property management area.
The term "all owners" as mentioned in these Measures refers to the owners’ meeting after the establishment of the owners’ meeting according to law.
The term "joint decision of owners" as mentioned in these Measures refers to the decision of the owners’ congress; If the owners’ meeting is not established according to law, it refers to the decision made jointly by the owners according to law.
The exclusive area mentioned in these Measures refers to the construction area recorded in the house ownership certificate; Not yet registered, temporarily calculated according to the measured area of surveying and mapping institutions; If it has not been actually measured, it shall be temporarily calculated according to the area recorded in the house sales contract. The total area of a building refers to the sum of the areas of exclusive parts.
The term "realty service enterprise" as mentioned in these Measures includes the construction unit that provides realty service in the prophase realty service.
Article forty-sixth these Measures shall come into force as of October 1, 2010. On July 7, 1995, Decree No.21 of the Municipal People’s Government was issued, and on December 31, 1997, Decree No.12 of the Municipal People’s Government revised the Measures for Property Management of Residential Areas in Beijing, which was abolished at the same time.