Notice of the Ministry of Housing and Urban-Rural Development and other departments on strengthening and improving the management of residential property
Notice of the Ministry of Housing and Urban-Rural Development and other departments on strengthening and improving the management of residential property
Building regulations [2020] No.10
Provinces, autonomous regions, municipalities directly under the Central Government, Housing and Urban-Rural Development Department (committee, management committee and bureau) of Xinjiang Production and Construction Corps, Political and Legal Committee of Party Committee, Civilization Office, Development and Reform Commission, Public Security Department (bureau), Finance Department (bureau), Human Resources and Social Security Department (bureau), Emergency Department (bureau), Market Supervision Bureau (department and committee), and all banking insurance regulatory bureaus:
Residential community (residential district) is the main space for residents’ life and an important content of grassroots social governance. Residential property management is related to the quality of life of the people, the safe operation of the city and social stability. In order to thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and the 4th and 5th Plenary Sessions of the 19th Central Committee, and fully implement the Civil Code of People’s Republic of China (PRC) and the the Central Committee of the Communist Party of China. The State Council’s Opinions on Strengthening and Improving Urban and Rural Community Governance "and" Issued by the General Office of the Central Committee of the CPC "Notice on Strengthening and Improving the Party’s Construction at the Grass-roots Level in the City, regarding the relevant requirements, accelerating the development of the property service industry, promoting the upgrading of property services to high quality and diversification, and meeting the people’s growing needs for a better living, the notice on strengthening and improving the residential property management is as follows.
First, integrate into the grassroots social governance system
(a) adhere to and strengthen the party’s leadership over property management. Promote the establishment of party organizations by owners’ committees and property service enterprises. Establish a coordinated operation mechanism of community residents’ committees, owners’ committees and property service enterprises under the guidance of party building, fully mobilize the enthusiasm of residents to participate, and form a joint force of community governance. Party member, a member of the owners’ committee and the person in charge of the property project, will be promoted to be a part-time member of the community party organization and a qualified community.Members of the "two committees" also serve as members of the owners’ committee through legal procedures. Encourage party member, a floating party member and a retiree, to transfer organizational relations to community party organizations, and promote party organizations of municipal and district organs, enterprises and institutions, and on-the-job party member to actively participate in community governance and effectively serve the masses.
(two) the implementation of street territorial management responsibility. Streets should establish and improve the working system of comprehensive management of residential communities, clarify the working objectives, and timely study and solve the key and difficult problems of residential property management. Encourage streets to establish a working mechanism for property management, guide and supervise property management activities within their jurisdiction, actively promote owners to set up owners’ meetings, elect owners’ committees, handle owners’ committees for the record, and supervise owners’ committees and property service enterprises to perform their duties according to laws and regulations. Guide the property undertaking inspection and publicize the results, and supervise the orderly handover of property projects. During the period of public emergency response, the street guides the property service enterprises to carry out the response work and gives material and financial support. If a realty service enterprise is entrusted to undertake public service matters, it shall pay corresponding fees to the realty service enterprise.
(3) Promote the sinking of urban management services. Promote the extension of urban management services to residential communities, rely on the urban comprehensive management service platform, and establish a mechanism for accepting and handling problems reflected by the masses. Clear the list of responsibilities of departments and units, compact the work responsibilities, and promptly investigate and deal with illegal behaviors such as illegal construction, destroying green, arbitrarily dumping garbage, raising animals in violation of regulations, illegally parking and charging electric bicycles, occupying and blocking public and fire exits in the property service area. Clear water supply, drainage, power supply, gas supply, heating, communication, cable television and other professional operating units to serve the end users according to law, and implement the responsibility of professional operating units for the maintenance, conservation and renewal of related facilities and equipment in the property service area.
(4) Building a pattern of co-construction, co-governance and sharing. Streets should give full play to the main role of residents, mobilize the enthusiasm of community social organizations, social work service agencies, community volunteers and resident units, jointly participate in the governance of residential communities, build a grass-roots social governance system of co-construction, co-governance and sharing, and realize decision-making, co-development, co-management, effect evaluation and achievement sharing. Open channels for residents’ complaints and improve them.12345 hotline complaint transfer mechanism to improve the efficiency of complaint handling. Strengthen the construction of property management mediation organizations, give play to the role of grassroots comprehensive management centers and grid workers, and actively promote the local resolution of property management contradictions and disputes.
Second, improve the governance structure of the owners’ committee
(5) Optimize the staffing of the owners’ committee. The street is responsible for guiding the establishment of the preparatory group of the owners’ meeting and the re-election group of the owners’ Committee, and strengthening the recommendation and audit of the owners’ Committee. encourage"Two Representatives and One Member" is elected as a member of the owners’ committee to increase the proportion of party member among the members of the owners’ committee. Explore the establishment of a negative list of members of the owners’ committee to perform their duties. If there is a negative list, the members will be suspended from performing their duties, and the owners’ meeting will be invited to terminate their membership and announce all the owners. City and county housing and urban-rural construction departments and streets should strengthen the laws, regulations and business training of members of the owners’ committee, and improve the ability of members of the owners’ committee to perform their duties according to laws and regulations.
(six) give full play to the role of the owners’ committee. The owners’ congress may, in accordance with the provisions of laws and regulations, authorize the owners’ committee to exercise the decision-making power on the use of some operating income expenses and special maintenance funds for residential buildings (hereinafter referred to as maintenance funds) within a certain amount through the rules of procedure and management regulations. The owners’ committee shall urge the owners to abide by laws and regulations, rules of procedure, management regulations and resolutions of the owners’ congress, and dissuade the owners from violating the rules and regulations. Owners who are still in arrears with property fees after repeated reminders can be urged to pay according to the corresponding measures stipulated in the management statute. Explore the malicious default of property fees into personal credit records.
(seven) standardize the operation of the owners’ committee. The owners’ committee shall hold regular meetings. Before deciding on matters related to property management, it shall publicly solicit the opinions of the owners and report to the community party organizations and residents’ committees. The owners’ congress may authorize the owners’ committee to hire full-time staff to undertake daily affairs, and define the job responsibilities and salary standards. Explore the establishment of the general audit system of the owners’ committee.
(eight) to strengthen the supervision of the owners’ committee. The owners’ committee announces to the owners every year some information about the owners’ operation and income, the use of maintenance funds, expenses and so on, so as to protect the owners’ right to know and supervise. If the owners’ committee makes a decision that violates laws, regulations, rules of procedure and management regulations, the street shall be ordered to make rectification within a time limit, and if it refuses to make rectification, its decision shall be revoked according to the law and regulations, and the owners shall be announced. If the owners’ committee fails to perform its duties according to law and seriously damages the rights and interests of the owners, the street will guide the owners’ congress to hold an interim meeting and re-elect the owners’ committee. Intensify the investigation and punishment of illegal acts of members of the owners’ committee, and transfer suspected crimes to judicial organs for handling.
Third, improve the level of property management services
(9) Expand the coverage of property management. Streets should promptly and actively promote owners to set up owners’ meetings, elect owners’ committees, hire property service enterprises and implement professional property management. Temporarily do not have the conditions for the establishment of the owners’ meeting, explore the establishment of a property management Committee attended by community residents’ committees and owners’ representatives to temporarily replace the owners’ Committee to carry out its work. Combined with the transformation of old urban residential areas, guide residents to negotiate and determine the management model of old residential areas, and promote the establishment of a long-term mechanism for property management. Encourage property service enterprises to manage the old residential areas around the project in a unified way. Temporarily do not have the professional property management conditions, by the street through the community residents’ committee custody, social organization custody or residents from the tube, and gradually realize the full coverage of property management.
(ten) to improve the quality of property services. Fully implement the main responsibility of service quality of property service enterprises. Property service enterprises should improve the service quality guarantee system, establish a rapid handling mechanism for service complaints, strengthen the management of personnel and vehicles, regularly inspect and maintain shared parts and facilities, take reasonable measures to protect the personal and property safety of owners, do a good job in greening and maintenance, assist in standardizing garbage delivery and timely cleaning and removal, improve the living environment, improve the living quality, and create excellent property service projects. Give play to the role of property industry associations, formulate property service standards, and standardize the behavior of employees. Support the merger and reorganization of property service enterprises, promote the scale and brand management of property services, and improve the overall service level.
(eleven) improve the price formation mechanism of property services. The property service price is mainly formed through market competition. The service price is agreed by the owner and the property service enterprise in the property service contract, which can be dynamically adjusted according to factors such as service standards and price index. Advocate the fee-based billing method. Urban housing and urban-rural construction departments should publish a list of property services, and clarify the contents and standards of property services. Property industry associations should monitor and regularly publish property service cost information and pricing rules for owners and property service enterprises to consult when negotiating property fees. Guide the owners and property service enterprises to agree on the way to adjust the price of property services through contracts. If the price of property services is guided by the government, the price department, housing and urban-rural construction department with pricing authority shall formulate and publish the benchmark price and its floating range, and establish a dynamic adjustment mechanism.
(twelve) to improve the quality of personnel in the property service industry. Promote the identification of professional skill levels of property service personnel. Carry out vocational skills training and competitions to improve the overall quality and skill level of employees. Guide property service enterprises to improve the salary system and employee incentive system, and introduce high-skilled talents and professional and technical talents. Property service enterprises can use idle houses for employees’ accommodation on the premise of ensuring safety and with the consent of the owners. Eligible employees are given priority in the scope of housing security. Organize activities to publicize and select trees for the most beautiful property owners, and enhance the sense of honor and belonging of employees.
Fourth, promote the development of life service industry
(XIII) Strengthen the capacity building of smart property management services. Encourage property service enterprises to use technologies such as Internet of Things, cloud computing, big data, blockchain and artificial intelligence to build a smart property management service platform and improve the service level of smart property management. Collect data of houses, facilities and equipment, owners’ committees, property service enterprises, etc., share urban management data, and collect life service data such as shopping, housekeeping, and old-age care to ensure that the data is not leaked or abused. Realize data sharing and application with relevant departments according to laws and regulations.
(fourteen) to improve the intelligent management level of facilities and equipment. Encourage property service enterprises to take the intelligent property management service platform as the support, and realize real-time data collection by laying sensors in important facilities and equipment such as elevators, fire fighting, water supply and drainage. Establish a list of powers and responsibilities for the disposal of incident components, clarify the business processes and norms of disposal, and realize intelligent early warning, intelligent judgment, intelligent dispatch and intelligent supervision.
(15) Promote the integrated development of online and offline services. Encourage qualified property service enterprises to extend and explore the fields of pension, child care, housekeeping, culture, health, housing brokerage, express delivery and other fields.The mode of "property service+life service" meets the diverse and multi-level living needs of residents. Guide property service enterprises to provide customized products and personalized services through the smart property management service platform, and realize one-click appointment and door-to-door service. Property service enterprises can apply for corresponding preferential support policies according to regulations to carry out life services such as pension and housekeeping.
Five, standardize the use and management of maintenance funds
(sixteen) improve the efficiency of the use of maintenance funds. Optimize the use process of maintenance funds, simplify the application materials and shorten the audit time limit. The establishment of emergency maintenance list, in line with the contents of the list, the owners’ committee can directly apply for the use of maintenance funds, has not yet produced the owners’ committee, by street organizations on behalf of the maintenance, and related expenses shall be charged from the maintenance funds. If maintenance funds are used for emergencies such as water supply, drainage, fire fighting and elevators, the amount of maintenance funds shall be disclosed after the completion of the maintenance project. Exploring maintenance funds to purchase elevator safety liability insurance.
(seventeen) improve the maintenance fund management system. Improve the professional and standardized management level of maintenance fund management institutions. By means of public bidding, taking into account factors such as deposit interest rate, asset size and service efficiency, we will select the best banks to manage special accounts and control the number of banks to manage special accounts. Explore entrusting professional institutions to operate maintenance funds, improve the level of capital income, and distribute the income to the owners. Accelerate the construction of maintenance fund management information system to facilitate real-time inquiry by owners. Disclose the management and use of funds every year and accept social supervision. Strengthen the supervision of maintenance funds, and seriously investigate and deal with illegal acts such as embezzlement and misappropriation of funds.
(eighteen) increase the maintenance fund collection. To promote the new commercial housing in the online signing for the record, the construction unit will pay the maintenance funds in full. Increase the settlement of maintenance funds collected by construction units and property service enterprises. The owner’s total operating income should be mainly used to supplement maintenance funds. Gradually implement the merger management of commercial housing and sold public housing maintenance funds.
Six, strengthen the supervision and management of property services
(nineteen) the establishment of service information publicity system. The realty service enterprise shall, under the guidance and supervision of the street, set up a property service information supervision and publicity column in a prominent position in the realty service area, truthfully announce and update the basic information and contact information of the person in charge of the realty project, as well as information such as the telephone number of complaints about realty service, the contents and standards of realty service, the charging items and standards, the maintenance unit and contact information of facilities and equipment such as elevators and fire fighting, the use of parking garages, the allocation of public utilities, the income and expenditure of realty fees and owners’ common operating income, elevator maintenance expenditure, etc., and at the same time, through the Internet. Property service enterprises should also publicize their services such as housekeeping and old-age care, and charge service fees at the agreed price. Property service enterprises shall not charge fees other than public fees.
(twenty) to establish a credit management system for property service enterprises. Establish a credit evaluation system for property services, formulate a unified credit evaluation standard, and build a national credit information management platform. According to the contract performance, complaint handling, daily inspection and street opinions, collect relevant credit information, implement comprehensive credit evaluation, and disclose enterprise credit records and evaluation results according to laws and regulations. According to the credit status of enterprises, the urban housing and urban-rural construction departments will grant credit star marks, implement credit classification and supervision, and strengthen the application of credit information in the bidding of early property management, the selection of property service enterprises by the owners’ meeting, and government procurement.
(twenty-one) to optimize the market competition environment. Strengthen the sharing of registration information departments of property service enterprises, and explore the establishment and improvement of the filing system of property service contracts and project leaders. Improve the bidding system of property management, and strengthen the supervision of bidding agencies, bid evaluation experts and bidding activities. Guide the owners’ committee to select property service enterprises through public bidding. On the basis of soliciting opinions from the streets, the housing and urban-rural construction departments have established a red and black list system for property service enterprises to promote the formation of a market environment for survival of the fittest. Property service enterprises and persons directly responsible for serious violations of laws and regulations and vile circumstances shall be cleared out of the market according to law.
All localities and departments should adhere to the people-centered development thought, take strengthening and improving residential property management as an important measure to safeguard and improve people’s livelihood and innovate grassroots social governance, earnestly strengthen organizational leadership, optimize institutional setup, fully equip professionals, strengthen public opinion propaganda, implement work responsibilities, study and formulate supporting policies and measures, and ensure that all tasks identified in this notice are implemented. The Ministry of Housing and Urban-Rural Development will, jointly with relevant departments, evaluate the implementation, sum up local experience, and improve the relevant system of residential property management in a timely manner.
Ministry of Housing and Urban-Rural Development
Central political and legal Committee
Central civilization office
Development and Reform Commission
public safe department
money politics department
Ministry of Human Resources and Social Security
should do urgent department
General administration of market supervision
silver protect supervise can
December 25, 2020