The construction unit of residential property shall select qualified property service enterprises to implement preliminary property management through bidding; If there are fewer than three bidders, with the approval of the real estate administrative department of the people's government of the city or county (District) where the property is located, the realty service enterprise with corresponding qualifications can be selected through agreement.
Advocate the construction unit of non-residential property to select qualified property service enterprises through bidding.
Article 31 The construction unit may invite the prophase realty service enterprises to participate in the development and construction of the project in advance, and put forward suggestions related to realty service on the planning and design scheme, supporting facilities construction, project quality control, equipment operation management and other matters of the project.
When the construction unit organizes the project acceptance and household acceptance, it shall notify the prophase realty service enterprise to participate.
Article 32 Before selling a newly-built house, the construction unit shall formulate a temporary management agreement, and clearly state the preliminary property service contract and the temporary management agreement to the buyer when selling the house. When purchasing a new house, the buyer shall confirm the preliminary property service contract and temporary management agreement in writing and be bound by them.
The temporary management regulations formulated by the construction unit shall not harm the legitimate rights and interests of the buyers.
The competent department of housing and urban and rural construction of the provincial people's government shall formulate and publish the model text of the property service contract and the temporary management statute. The construction unit and the realty service enterprise shall, within ten days from the date of signing the realty service contract and formulating the temporary management statute, file with the real estate administrative department of the people's government of the city or county (District) where the property is located.
Thirty-third construction units shall, in accordance with the standard of two thousandths of the total construction area of the property, allocate property management houses in the property management area, with a minimum of not less than 120 square meters; Among them, the minimum office space of the owners' committee is not less than 20 square meters. When the property is delivered, the construction unit will deliver the property management house to the property service enterprise for escrow.
The competent department of urban and rural planning of the people's government of the city or county or the town people's government determined by the provincial people's government shall indicate the specific parts of the property management house on the attached drawings when issuing the construction project planning permit. Property management houses should be independent houses above the ground, with ventilation, lighting conditions and water and electricity use functions; For properties without elevators, the floor where the property management room is located shall not be higher than four floors. The location and area of the property management house shall be announced by the construction unit when the house is pre-sold.
The ownership of property management houses belongs to all owners in accordance with the law, and shall be used for property management and service work free of charge, and shall not be used for other purposes. The real estate administrative department of the people's government at or above the county level shall indicate the area and number of the real estate management room and other parts in the real estate register when issuing the pre-sale permit of the house and handling the initial registration of the real estate ownership, but shall not issue the title certificate. The owner has the right to inquire.
Property management houses shall not be changed without authorization, and shall not be divided, leased, transferred or mortgaged.
Thirty-fourth new houses meet the following conditions, the construction unit can handle the property delivery procedures:
(a) the completion of the construction project is qualified, and the documents issued by the planning, fire protection, environmental protection, civil air defense, meteorology and other departments have been accepted or allowed to be used, and have been filed by the competent department of housing and urban and rural construction of the people's government at or above the county level;
(two) water supply, drainage, power supply, gas supply, heating, communications, public lighting, cable television and other facilities and equipment have been built according to the planning and design requirements and reached the relevant national and provincial construction standards, water supply, power supply, gas supply and heating have been installed with independent meters;
(3) In accordance with the planning and design requirements, public service facilities such as video surveillance devices, living shopping places, kindergartens, postal services, medical and health care, culture and sports, environmental sanitation and community services have been built;
(four) public facilities such as roads, green spaces and property management houses have been built in accordance with the planning and design requirements, and meet the functional requirements;
(5) Facilities and equipment such as elevators, secondary water supply, high-voltage power supply, fire fighting, pressure vessels, electronic monitoring systems, etc. have been legally used in accordance with the provisions of laws and regulations. If testing is needed, it shall also be conducted by a testing institution with corresponding qualifications;
(six) fire truck access, fire climbing places, civil air defense projects have been clearly marked;
(seven) the relevant technical information on the use, maintenance and management of the property is complete;
(eight) other conditions stipulated by laws and regulations.
Thirty-fifth in the property acceptance procedures, the construction unit shall hand over the property management space and the following information to the prophase 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;
(two) the list of facilities and equipment, as well as the installation, use and maintenance of technical information, factory information;
(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.
Article 36 When undertaking a property, a realty service enterprise shall inspect and record the parts and facilities of the property, inform the construction unit in writing when problems are found, and report the relevant information to the real estate department, subdistrict office and township people's government of the city or county (District) people's government where the property is located. The construction unit shall timely decorate and organize the realty service enterprise to reinspect.
Article 37 When the house is delivered, the construction unit shall provide the buyer with the house quality guarantee and the house instruction manual, undertake the property warranty responsibility according to the warranty period and scope stipulated by the state, and publish the maintenance contact number and address in the property management area.
The realty service enterprise shall assist the owners or the owners' committee to contact the construction unit to implement the warranty responsibility.
Thirty-eighth new residential property quality warranty system.
The construction unit shall, after the property is completed and accepted, and before applying for the initial registration of real estate ownership, deposit the property quality warranty fund into the special account set up by the real estate department of the people's government of the city or county (District) where the property is located according to the ratio of the total cost of the property construction and installation project 1% to 3%.
The special account for property quality warranty fund shall be established in the property management area as a unit. When handling the initial registration of real estate ownership, the construction unit shall provide a certificate of full deposit of property quality warranty money issued by a special bank.
Article 39 The warranty period of the property quality warranty fund shall be calculated from the date when the construction unit delivers the property to the owner for use. After the warranty liability expires, it shall be returned according to the application of the construction unit. After the full refund of the property quality warranty fund, the construction unit shall continue to perform the corresponding quality responsibilities in accordance with the law and the contract.
Fortieth in the property warranty period, the property quality problems, the construction unit shall send people to the scene to check the situation within 24 hours after receiving the maintenance requirements of the owners, the owners' committee or the property service enterprises entrusted by them. If the situation is true, it should be repaired within 72 hours.
Article 41 During the property warranty period, if the construction unit fails to perform the warranty obligations, the owner, the owners' committee or the property service enterprise entrusted by it may apply. If the real estate department of the people's government of the city or county (district) where the property is located identifies the quality problems of the construction project within the warranty responsibility, the owners' committee or the property service enterprise entrusted by it shall organize the maintenance, and the expenses shall be charged from the property quality warranty fund.
The real estate administrative department of the people's government of the city or county (District) shall notify the construction unit in writing within three days after the use of the property quality warranty fund, and the construction unit shall make a full complement within fifteen days from the date of receiving the written notice.
If the construction unit has any objection to the maintenance responsibility, it may bring a civil lawsuit or apply for arbitration according to law.
Article 42 During the property warranty period, if the construction unit is revoked due to bankruptcy, dissolution or cancellation, the real estate administrative department of the people's government of the city or county (District) shall deposit the balance of the principal and interest of the property quality warranty fund.
Forty-third meet one of the following conditions, after the expiration of the warranty responsibility, the balance of the principal and interest of the property quality warranty fund will be returned to the construction unit:
(a) there is no property quality problem within the warranty scope;
(two) there are property quality problems, but the construction unit has carried out maintenance in accordance with the relevant provisions and passed the acceptance, or reached a settlement agreement with the owner on maintenance costs and fulfilled the payment obligations;
(three) there is a property quality problem, and both parties dispute the responsibility, but the construction unit has fulfilled its obligations in accordance with the legal documents of the people's court or the arbitration commission.
If the construction unit has cancelled during the property warranty period, the balance of the principal and interest of the property quality warranty gold delivered after the expiration of the warranty responsibility shall be incorporated into the liquidation property according to law.
Forty-fourth property warranty period expires thirty days ago, the real estate administrative department of the people's government of the city or county (District) shall refund the property quality warranty gold in the relevant property management area in writing.
Forty-fifth provincial people's government housing and urban and rural construction departments should strengthen the supervision and inspection of the deposit, use and management of property quality warranty funds. The real estate administrative department of the people's government of the city or county (District) shall regularly announce the deposit and use of the property quality warranty fund within the relevant property management area to the owners and construction units every year, and accept the supervision of the owners and construction units. Specific measures shall be formulated by the competent department of housing and urban and rural construction of the provincial people's government and submitted to the provincial people's government for approval.