The 17th People's Congress of Gannan Tibetan Autonomous Prefecture
Announcement of the Standing Committee
(No. 17)
The "Decision of the Standing Committee of the People's Congress of Gannan Tibetan Autonomous Prefecture on Amending the Regulations on the Management of Residential Property in Gannan Tibetan Autonomous Prefecture" was deliberated and adopted at the 16th meeting of the Standing Committee of the 17th People's Congress of Gannan Tibetan Autonomous Prefecture on April 25, 2024, and approved by the 9th meeting of the Standing Committee of the 14th People's Congress of Gansu Province on May 30, 2024. It is hereby promulgated and shall come into force on July 1, 2024.
People's Congress of Gannan Tibetan Autonomous Prefecture
standing committee
June 20, 2024
Standing Committee of Gansu Provincial People's Congress
Regarding the ratification of the "Gannan Tibetan Autonomous Prefecture People's Congress
The Standing Committee on the revision of the "Gannan Tibetan Autonomous Prefecture Residence
Property Management Ordinance".
(May 30, 2024, the 14th session of Gansu Province.)
Adopted at the Ninth Session of the Standing Committee of the National People's Congress)
The Ninth Session of the Standing Committee of the 14th Gansu Provincial People's Congress reviewed the "Decision of the Standing Committee of the Gannan Tibetan Autonomous Prefecture People's Congress on Amending the Regulations on the Management of Residential Properties in Gannan Tibetan Autonomous Prefecture" submitted for approval by the Standing Committee of the Gannan Tibetan Autonomous Prefecture People's Congress.
Gannan Tibetan Autonomous Prefecture
Residential Property Management Regulations
(Adopted at the fourth meeting of the Standing Committee of the 17th People's Congress of Gannan Tibetan Autonomous Prefecture on June 29, 2022; approved at the 33rd meeting of the Standing Committee of the 13th People's Congress of Gansu Province on September 23, 2022; announced at the sixth meeting of the Standing Committee of the 17th People's Congress of Gannan Tibetan Autonomous Prefecture on October 25, 2022; amended at the 16th meeting of the Standing Committee of the 17th People's Congress of Gannan Tibetan Autonomous Prefecture on April 25, 2024.) Approved at the 9th meeting of the Standing Committee of the 14th Gansu Provincial People's Congress on May 30, 2024)
Article 1 In order to standardize residential property management activities, safeguard the legitimate rights and interests of owners and property service providers, and build a harmonious and livable community, in accordance with the Civil Code of the People's Republic of China and the Property Management Regulations of the State Council and other laws and regulations, combined with the actual situation of the autonomous prefecture, these regulations are formulated.
Article 2 These Regulations shall apply to residential property management and related supervision and management activities within the administrative area of the autonomous prefecture.
The term "residential property management" as used in these Regulations refers to the activities in which the owners lawfully select and hire property service providers to manage and maintain the buildings and their ancillary facilities, environmental sanitation and related public order in the property management area in accordance with the contract or through self-management, and provide relevant life services to the owners.
Where laws and regulations have provisions on the management of residential properties, follow those provisions.
Article 3 The autonomous prefecture residential property management adheres to the principles of party building guidance, government supervision, and owner autonomy.
Fourth autonomous prefecture, county (city) people's Government shall incorporate residential property management into the modern service industry development plan and urban and rural community governance system, property supervision and management into the annual target assessment.
Sub-district offices and township people's governments shall perform the following duties:
(A) establish and improve the property management work mechanism;
(2) To guide and assist in the establishment of the owners' meeting and the election of the owners' committee, and to organize the formation of the property management committee;
(3) Cooperate with the property management department to carry out residential property inspections, guide and supervise the transfer and takeover of property service projects;
(4) To guide and supervise the performance of duties by owners, owners' committees and property service providers in accordance with law;
(E) mediate property management disputes in accordance with the law;
(6) Other duties provided for by laws and regulations.
Fifth autonomous prefecture, county (city) people's Government housing and urban-rural construction management departments are responsible for the supervision and management of residential properties within their jurisdiction.
The housing and urban-rural construction management department of the people's government of the autonomous prefecture shall perform the following duties:
(A) the implementation of property management laws and regulations and related provisions;
(B) to guide and supervise the deposit, management and use of maintenance funds for buildings and their ancillary facilities;
(C) to guide the county (city) people's Government housing and urban-rural construction management departments to carry out the supervision and management of property management within their jurisdiction;
(D) to guide the work of property management industry associations;
(E) the establishment of a unified autonomous prefecture property management supervision and service information platform;
(6) Other duties that shall be performed.
The housing and urban-rural construction management departments of the people's governments of counties (cities) shall perform the following duties:
(A) the implementation of property management laws and regulations and related policies;
(B) the jurisdiction of the owners of the committee, property service practitioners to carry out legal knowledge and business training;
(C) to guide and supervise property management bidding activities;
(D) responsible for the collection of maintenance funds and daily use of management and supervision;
(5) Responsible for the approval of the property management area, the confirmation of the property service room and the owner's committee room (hereinafter collectively referred to as the property management room);
(F) to guide the sub-district offices, township people's Governments to carry out property management related work;
(7) Formulate and publish a list of property management services, and clarify the content and standards of property management services;
(8) Handling complaints in accordance with law;
(9) Conduct credit appraisals and hierarchical and categorical supervision of property service providers;
(10) Implement other supervision and management responsibilities in property management.
Autonomous prefecture and county (city) people's governments development and reform, finance, natural resources, ecology and environment, public security, health, civil affairs, market supervision and management, industry and information technology, emergency management, civil air defense, urban management, fire rescue and other departments, in accordance with their respective duties, do a good job in the supervision and management of relevant residential properties.
Sixth property management industry associations shall strengthen industry self-discipline, the development of industry code of conduct, carry out employee training, mediation of industry disputes, urge property service providers and practitioners to operate in accordance with the law, integrity service, improve the level of property services, and promote the healthy development of the property service industry.
Seventh residential property management area division in accordance with the relevant provisions of the province.
After the division of the property management area, the housing and urban-rural construction management department of the county (city) people's Government shall make an announcement within the property management area.
Eighth construction unit shall, in accordance with the property management area of the total construction area of the proportion of 2 to 3 thousandths and not less than 40 square meters of property management housing. The property management room should be above the ground, and there are service halls, office rooms, toilets, warehouses and other facilities. The ownership of property management houses belongs to all owners in accordance with the law. No unit or individual may change its use without authorization, and shall not divide, transfer, or mortgage it. The office space of the owners' committee is arranged from the property management office space.
The construction unit shall, in the construction planning of the community, include the property management housing in the detailed planning, which shall be reviewed by the competent department of natural resources.
Nineth pre-sale (sale) of commercial housing, affordable housing and all kinds of policy-based resettlement housing allocation before moving in, the construction unit shall be open to bidding to select the pre-property service personnel, sign the pre-property service contract, and agree on the service period; If the service period agreed in the contract has not expired, but the property management service contract signed between the owners' committee and the property service provider takes effect, the previous property management service contract shall be terminated.
Article 10 The owner of the house is the owner. In the property management activities, the owner shall enjoy the rights of the owner and assume the obligations of the owner in accordance with the provisions of laws, regulations and management regulations, as well as the provisions of the property service contract.
In accordance with the provisions of laws, regulations and management regulations, as well as the agreement with the owner, the property user shall enjoy the corresponding rights and perform the corresponding obligations.
Property owners and property users shall not carry out the following acts:
(1) Damaging or altering the load-bearing structure or main structure of the house without authorization;
(2) Illegally erecting buildings or structures, damaging flowers, grasses, and trees, or encroaching on green space;
(3) Changing the façade of the dwelling, opening doors and windows on non-load-bearing exterior walls;
(4) Damaging or occupying or altering common parts or common facilities and equipment without authorization, or setting up flues, exhaust and drainage pipes without authorization;
(5) Dismantling and altering gas pipelines and other facilities without authorization;
(6) Encroaching on or damaging fire-fighting facilities, occupying fire-fighting passages, blocking or closing evacuation passages and safety exits, parking electric vehicles or charging electric vehicles in public areas of buildings;
(7) Throwing objects from high altitudes;
(8) Storing flammable, explosive, highly toxic, radioactive and other dangerous goods that do not meet safety standards;
(9) Gambling or engaging in feudal superstitious activities;
(10) Raising animals in violation of regulations, or other conduct that harms the lawful rights and interests of others;
(11) Other conduct prohibited by laws, regulations, and management rules.
Where any of the acts listed in the preceding paragraph are committed, the property management service provider and the owners' committee have the right to require the relevant owners and property users to stop the infringement, eliminate the danger, remove the obstruction, restore the original state, and compensate for losses in accordance with laws and regulations, management regulations, or property management service contracts. Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.
11th in accordance with the provisions of laws and regulations to convene the first meeting of the owners' meeting, the construction unit shall, within 30 days from the date of the conditions to the property management area of the sub-district office, township people's Government written application for the establishment of the owners' meeting. If the construction unit fails to apply in writing for the establishment of the owners' general meeting in a timely manner, the owners of more than 10% of the exclusive part that have been delivered in the same property management area may jointly submit a written request to the sub-district office and the township people's government where the property management area is located to establish the owners' general meeting.
If the number of owners is small and all owners unanimously decide not to establish a general meeting of owners, the owners shall jointly perform the duties of the general meeting of owners and the owners' committee.
The housing and urban-rural construction management departments of the county (city) people's government, the sub-district office, the township people's government, the resident (village) committee, the representatives of the construction unit and the representatives of the owners shall form the preparatory group for the owners' meeting. The number of the preparatory group shall be an odd number, of which the number of owners' representatives shall not be less than two-thirds of the total number. If the construction unit is cancelled or does not send people to participate in the preparatory group, it will not affect the establishment of the preparatory group. The leader of the preparatory group shall be a representative of the sub-district office and the township people's government. The preparatory group for the general meeting of owners shall organize and convene the first meeting of the general meeting of owners within 90 days from the date of establishment.
Owners may participate in voting at the general meeting of owners by secret ballot, electronic voting, etc. Where written solicitation of comments is adopted, the written solicitation of comments shall be sent directly to the owner; Where it cannot be directly served, it shall be displayed in a conspicuous position within the property management area. The owners who participate in the voting at the general meeting of owners shall account for more than two-thirds of the area of the exclusive part of the dwelling, and the number of people shall account for two-thirds.
Where a decision made by the owners' general meeting or the owners' committee infringes upon the lawful rights and interests of the owners, the aggrieved owners may request the people's court to revoke it in accordance with law.
12th members of the owners' committee shall be the owners of the property management area, and meet the following conditions:
(1) Have full capacity for civil conduct;
(2) Abide by discipline and law, be fair and honest, enthusiastic about the public welfare, have a strong sense of responsibility, and have certain organizational ability;
(3) Have the physical health conditions and necessary working hours to perform their duties;
(4) Other conditions provided for by laws and regulations.
Article 13 Candidates for members of the owners' committee shall be elected in the following ways:
(1) Self-recommendation by the owner;
(2) Jointly recommended by more than 10 owners;
(3) Recommended by the community and resident (village) committees among the owners.
The owners' committee shall, within 30 days from the date of election, file with the competent department of housing and urban-rural development, sub-district offices and township people's governments of the county (city) where the property management area is located.
Article 14 The owners' committee shall perform the following duties in order to implement the decisions of the owners' general meeting:
(A) convene a meeting of the general meeting of owners to report on the implementation of property management;
(2) Sign a property service contract with the property service provider selected by the owners' general meeting on behalf of the owner;
(3) Keep abreast of the opinions and suggestions of owners and property users, and supervise and assist property service enterprises in performing property service contracts;
(4) Supervise and manage the implementation of the statute;
(5) Other duties assigned by the general meeting of owners.
The owners' committee and its members shall not engage in any of the following acts:
(1) Prevarication or prevarication of the demands of property owners and property service providers;
(2) misappropriating or encroaching on the common property of the owners;
(C) elevated, inflated, withheld by the owner of the building and its ancillary facilities maintenance funds, elevator inspection and maintenance costs and other expenses jointly paid by the owner;
(4) Soliciting or accepting improper benefits from construction units, property service providers or interested parties;
(5) Explicitly or implicitly reducing or exempting property service fees from property service providers;
(6) Leaking the owner's information or using the owner's information for activities unrelated to property management;
(G) transfer, conceal, tamper, destroy or refuse, delay in providing property management related documents, information;
(8) Unauthorized use of the seal of the owners' meeting and the owners' committee;
(9) Refusal to implement matters jointly decided by the owners;
(10) Other acts that violate laws and regulations and infringe upon the lawful rights and interests of property owners.
Where there is conduct in the preceding paragraph, the owner or property service provider may request that the relevant departments handle it in accordance with law.
Article 15 The composition of the members of the owners' committee shall be an odd number of more than five people, and the specific number shall be determined by the general meeting of owners. The term of office and re-election of the owners' committee shall be decided by the general meeting of owners. Members of the owners' committee are eligible for re-election. The director and deputy director of the owners' committee shall be elected by the current owners' committee among its members.
The meeting of the owners' committee shall be attended by more than two-thirds of the members, and the decisions made shall be approved by more than half of all the members, and the decisions made by the owners' committee shall be publicized to all owners within three days from the date of making the decision. The decisions made by the owners' committee are legally binding on the owners.
The general meeting of owners may decide to give appropriate subsidies to the members of the owners' committees from the public benefits according to their work.
16th owners of the general meeting may decide to use bidding or agreement to select the property service provider.
If the general meeting of owners decides to use bidding to select and hire property service providers, the owners' committee shall organize bidding in accordance with the provisions of relevant laws and regulations.
If the general meeting of owners decides to use an agreement to select and hire a property service provider, the owners' committee shall submit the basic information of the two or more alternative property service providers and the main content of the property service contract to be signed in a conspicuous position in the property management area to be submitted to the general meeting of owners for decision.
17th in any of the following circumstances, the establishment of the sub-district office, township people's Governments, resident (village) committees, community service organizations, owners' representatives, etc.
(1) Does not have the conditions for the establishment of a general meeting of owners;
(2) Having the conditions for the establishment of a general meeting of owners but not for various reasons;
(3) After the establishment of the general meeting of owners, the owners' committee cannot be elected;
(4) It is necessary to re-elect the owners' committee, and the owners' committee cannot be elected after the organization and guidance of the sub-district office and the township people's government where the property is located.
After the formation of the property management committee, the sub-district office and the township people's government shall publicize to all the owners, and organize the owners to jointly decide on the management of property services on behalf of the responsibilities of the industry owner's committee.
The term of office of the PMC is generally not more than two years. If the establishment of the owners' meeting and the election of the owners' committee are not promoted at the expiration of the period, the sub-district office and the township people's government shall re-establish the property management committee.
18th scattered buildings by all owners or owners of the general meeting of the decision to set up a property management team, the implementation of self-management of the property. If there is no general meeting of owners or no owners' committee, the sub-district office and the township people's government shall establish a property management committee to organize the owners to jointly decide on property management matters on behalf of the responsibilities of the industry owner's committee. Sub-district offices and township people's governments coordinate, help, encourage and support powerful property service providers to manage scattered buildings, and gradually achieve full coverage of property management.
19th owners' committee or property management committee shall, on behalf of the owners and the owners of the property service personnel selected by the general meeting of the property service to sign a written property service contract, on the property service matters, service quality, service fee standards and collection methods, the use of maintenance funds, service room management and use, service period, service handover, dispute resolution, liability for breach of contract, termination of contract conditions and other terms.
Before the written contract is signed, it shall be publicized to all owners.
20th residential property service charges shall follow the principles of reasonableness, openness and the cost of service and service quality, by the owner and the property service provider in accordance with the property service specifications, service content and service standards in the property service contract. Advocate the implementation of the remuneration system for residential properties.
Without the consent of the owners' general meeting, the property service provider shall not increase the fee standard without authorization.
The owner shall pay the property service fee according to the property contract. If the owner and the property user agree that the property user shall pay the property service fee, the owner shall be jointly and severally liable for the payment. If the property service provider provides services in accordance with the contract and relevant provisions, the owner shall not refuse to pay the property service fee on the grounds that he has not accepted or does not need to accept the relevant property management services.
If the owner violates the property management service contract and fails to pay the property management service fee within the time limit, the property management service provider may urge it to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property service provider may apply for arbitration or file a lawsuit in accordance with law. Property service providers shall not use methods such as stopping the supply of electricity, water, heat, or gas to urge the payment of property service fees.
Article 21: Property service providers who provide property services in accordance with the provisions of the property management service contract shall perform the following responsibilities:
(1) Implement the main responsibility for service quality, and improve the service quality assurance system;
(2) Set up a public notice board in a conspicuous position in the property service area, and promptly update the information required to be publicized by the owners' general meeting or the owners' committee;
(3) Responsible for the use, management and maintenance of common facilities and equipment such as public areas, common parts, elevators, etc., and establish inspections, use, management, and maintenance files for public areas, common parts, and common facilities and equipment;
(4) Promptly inform the owners and property users of the precautions for safe and reasonable use of the property;
(5) Listen to the opinions and suggestions of the owners, accept the supervision of the owners, and improve and perfect the services;
(F) illegal construction, illegal rental of housing, illegal pulling of wires, destruction of greenery and other acts to dissuade, stop, dissuasion, stop ineffective, promptly report to the administrative law enforcement organs;
(7) If it is found that there are potential safety hazards such as high-altitude snow, icicle falling, wall peeling, falling from height, and ground depression in the property management area, as well as potential safety hazards in common parts and shared facilities and equipment, warning signs shall be set up in a timely manner, and measures shall be taken to eliminate hidden dangers and report to relevant professional institutions;
(8) Dissuade and stop the owners and property users from violating the management regulations, and promptly report to the owners' committee or the property management committee;
(9) Strengthen the maintenance of public order, personnel and vehicle management and safety precautions in the property management area, and take reasonable measures to protect the personal and property safety of the owners;
(10) Do a good job in the construction and maintenance of security facilities in the property management area;
(11) Do a good job of environmental sanitation in common areas, septic tank cleaning, ice and snow cleaning, greening and maintenance, floor lighting, etc.;
(12) Do a good job in the maintenance and management of fire-fighting facilities, unobstructed fire-fighting passages, and elimination of fire-fighting hazards;
(13) Other acts provided for by laws and regulations and agreed upon in contracts.
Article 22: Property service providers shall provide 24-hour services, and allocate reasonable staff such as cleaning, security, plumbing, and electricity maintenance and repair according to the area of the property management service area and the size of the owners, and carry out legal education, professional ethics education, and skills training, to improve the quality and skill level of employees.
Property service providers shall sign labor contracts with employees, pay labor remuneration in full and on time, and pay relevant insurance for employees in accordance with law.
Article 23 Parking spaces that occupy roads or other sites jointly owned by the owners for parking motor vehicles belong to the owners. The income obtained from parking spaces is a public benefit. The parking fee is entrusted to the property service provider to collect on behalf of the property, and a certain percentage of the management fee can be extracted from the proceeds.
The garages and parking spaces built according to the plan give priority to meeting the parking needs of the owners. Garages and parking spaces built and demarcated by using the building's air defense basement and the common equipment layer of the building, who invests and who benefits, can be rented out, but not sold.
Vehicles parked in the property management area shall not occupy the fire escape and shall not affect the normal passage of other vehicles and pedestrians.
If the user of the garage or parking space has a requirement for the safe custody of the parked motor vehicles, the user of the garage or parking space and the property management service provider shall sign a separate security storage contract to stipulate the storage fee, and the storage fee shall belong to the property management service provider.
Article 24 After the consent of the owners' general meeting, the property service provider shall set up water dispensers, express lockers, shopping cabinets, convenience boxes and other facilities in the common area for operation, and shall return the income to the public after deducting reasonable costs.
The income from the business activities of the construction unit and the property service provider in the common facilities such as corridors, elevator cars, fences, and walls belongs to the owners.
Article 25 The general meeting of owners or the owners' committee may conduct a satisfaction evaluation of the service quality and performance of the contract of the property service provider every six months, and the evaluation results can be used as a reference for the owners to jointly decide to dismiss the property service provider.
Article 26 Upon the expiration of the term of the property management service contract, the owners have not jointly made a decision to renew or hire another property service provider, the property management service provider shall continue to provide services in accordance with the original contract, and the rights and obligations of the original contract shall continue. During the period of continuation of contractual rights and obligations, if either party proposes to terminate the contract, it shall notify the other party in writing 60 days in advance, unless otherwise agreed in the contract on the notice period.
If the owners jointly decide to dismiss the property management service provider, the property management service provider shall perform the following handover obligations within 30 days from the date of receipt of the notice and withdraw from the property management area, unless otherwise agreed in the contract on the notice period.
(A) the transfer of property service buildings and related office facilities;
(B) the transfer of public infrastructure information and owner files and other relevant information;
(C) to settle the pre-collection, collection of relevant fees and property management activities payable, transfer of building and its ancillary facilities maintenance funds and use of information;
(4) Other matters agreed in the property service contract.
The original property service provider shall not refuse to handle the handover on the grounds that the owner is in arrears of property service fees, has objections to the joint decision of the owner, etc., and shall not obstruct the new property service provider from entering the site for any reason. If the original property service provider refuses to hand over the relevant materials or property, or refuses to withdraw from the property management area, the owners' committee or the property management committee may report to the sub-district office, the township people's government, and the housing and urban-rural construction management department of the county (city) people's government, and the relevant departments shall handle it in accordance with law, or file a lawsuit with the people's court in accordance with the law, requiring the original property management service provider to withdraw from the property management area.
The original property service provider shall maintain the normal property management order during the period from the handover to the withdrawal from the property management area. The new property service provider shall not forcibly take over the property.
Article 27 The property service provider shall publish the following information to the owner truthfully on a regular basis in a conspicuous position in the property management area:
(A) the basic information of the property service provider and the person in charge of the project;
(B) the content and quality of property services, charging items, standards and methods and expenditure information;
(3) Elevators, fire protection and other special facilities and equipment maintenance unit information, maintenance records and safe operation;
(D) the water supply secondary pressurization adjustment tank cleaning record and water tank water quality test report;
(E) water, electricity and other public energy consumption and cost apportionment;
(F) the property management area parking fees, advertising fees and other public revenues and expenditures;
(7) Other information that shall be publicized in accordance with relevant provisions and contracts.
The contents of items 1 through 4 of the preceding paragraph shall be continuously disclosed, and other matters shall be disclosed at least once every six months, and where owners have objections to the content of the announcement, the property management service provider shall promptly reply.
Article 28 In the property management area, water supply, power supply, gas supply, heat supply, communications, cable television and other end users' household meters or end users' access to the port before the professional business facilities, equipment, pipelines, etc., after the completion of acceptance and delivery, by the water supply, power supply, gas supply, heating, communications, cable television and other professional business units are responsible for management, and bear the costs and responsibilities of repair, maintenance and updating.
In the property management area, professional units such as water supply, power supply, gas supply, heating supply, communications, cable television, and broadband data transmission shall be directly supplied to the household, and fees shall be charged to the end user, and the loss generated in the service process shall be borne by the supply unit. If the professional unit cannot be directly supplied to the household, it shall sign an entrusted management contract with the property service provider, and the professional unit and the property service provider shall not increase the price to the owner. The fees for the use of the property service provider shall be paid by the property service provider.
Article 29 The elevator in the property service area belongs to the owner, and the co-owner may entrust the property service person or other manager to manage the elevator, and the trustee shall perform the management obligations of the elevator user in accordance with the law and bear the corresponding responsibilities. Where the co-owners have not been retained, the co-owners or the actual manager are to perform the management obligations and bear the corresponding obligations.
The daily maintenance unit of the elevator shall carry out the daily elevator maintenance work. And in accordance with the laws and regulations and the elevator maintenance contract agreed on the maintenance service standards, parts replacement cost bearing method, fault repair and emergency rescue arrival time to perform the corresponding obligations, to ensure the safe operation of the elevator.
Encourage property service providers to purchase special equipment safety liability insurance for elevators in the property management area.
Article 30 The maintenance funds of the building and its ancillary facilities belong to the owners in common, and are specially used for the maintenance, renewal and transformation of the common parts and common facilities and equipment after the expiration of the warranty period, and shall not be diverted for other purposes.
The owners of residential properties and non-residential properties connected to the structure of a single residential building shall, in accordance with the relevant provisions of the State and the province, deposit and use the maintenance funds of the building and its ancillary facilities.
Article 31 The responsibility and cost of maintenance, renewal and transformation incurred during the warranty period of the property shall be borne by the construction unit; After the expiration of the warranty period, the responsibility and cost of maintenance, renewal and transformation shall be borne in accordance with the following provisions:
(1) When repairing, renewing and renovating the important common parts of the property and the common facilities and equipment, the owners' committee or the property service provider shall put forward a maintenance project proposal, and the property service provider shall draw up a maintenance plan, which shall be approved by the owners' committee and submitted to the owners' general meeting for voting, and the property management service provider shall be responsible for implementation;
(B) the maintenance, renewal, renovation of the owner's common parts, common facilities and equipment costs, from the public revenue, the building and its ancillary facilities maintenance funds to pay, insufficient part or not paid maintenance funds, by all owners in accordance with the exclusive part of the construction area apportioned, is man-made, the cost by the responsible person;
(C) the property management area of water supply, power supply, gas supply, heating, communications, cable television, broadband data transmission and other professional business facilities and equipment, the owner of the exclusive part, by the owner; Except for the exclusive part of the owner, it shall be borne by the relevant professional business unit.
Where obstruction of maintenance, renewal, or renovation causes property losses to other owners, or where property repairs, updates, or transformations cause damage to adjacent owners' personal exclusive parts, self-used equipment, or other property losses, civil liability shall be borne in accordance with law.
If there are potential safety hazards in the exclusive personal part of the building, endangering the public interest or the lawful rights and interests of others, the relevant owners shall promptly take repairs and other safety management measures to eliminate the danger. If the loss is caused by human reasons, the owner shall negotiate compensation.
Article 32: The housing and urban-rural construction management departments of autonomous prefecture and county (city) people's governments shall establish a credit management system for property service providers, and do a good job of connecting with the Gansu Provincial Credit Management Platform. On the basis of the credit status of enterprises, credit star ratings are to be awarded, and hierarchical and categorical credit management is to be implemented. The credit star is used as a reference basis for property management and bidding quotations in the early stage.
The housing and urban-rural construction management departments of autonomous prefecture and county (city) people's governments, in conjunction with relevant departments, shall establish mechanisms for joint incentives for trustworthiness and joint disciplinary action for untrustworthiness of property service providers, to promote the creditworthiness of property service providers to operate in accordance with law.
The housing and urban-rural construction management departments of the people's governments of autonomous prefectures and counties (cities) shall promptly update information on the creditworthiness performance of property service providers, property project leaders, and property practitioners, and publish it through the property management information platform.
Article 33: Property service providers shall establish and improve emergency response plans for emergencies in property management areas and enhance emergency response capabilities. When an emergency or dangerous situation occurs in the management area, the property service provider shall promptly report to the street, township people's government, community and relevant competent departments.
During the response to public emergencies, property service providers shall implement emergency response measures and other management measures implemented by the government in accordance with law, and cooperate with relevant work; Sub-district offices and township people's governments shall guide property service providers to carry out response work, and give material and financial support.
The property owner shall cooperate with the property service provider in implementing the emergency response measures and other management measures implemented by the government in accordance with law.
Article 34: The housing and urban-rural construction management departments of the people's governments of autonomous prefectures and counties (cities) shall establish a mechanism for the rapid disposal of property service complaints, and publish the reporting telephone number and reporting platform.
Owners, property users, and property service providers may report violations of laws and regulations in the property service area to the housing and urban-rural development management departments, sub-district offices, and township people's governments.
Upon receipt of complaints and reports, the relevant departments shall handle the matters reported in the preceding paragraph in accordance with law, and inform the informant of the outcome. Where it is the responsibility of other departments and units, it shall be promptly transferred to the relevant departments and units and the informant shall be informed.
Article 35: Where the provisions of these Regulations are violated by the staff of the housing and urban-rural construction management departments or other relevant administrative departments of the people's governments of autonomous prefectures or counties (cities) who abuse their powers, derelict their duties, or twist the law for personal gain, they shall be punished in accordance with law, and if a crime is constituted, criminal responsibility shall be pursued in accordance with law.
Article 36: Where laws and regulations already have provisions on punishment for conduct violating the provisions of these Regulations, follow those provisions.
Article 37: The meanings of the following terms in these Regulations:
(1) Undertaking inspection refers to the activities of inspecting and accepting the common parts of the property and the common facilities and equipment of the property in accordance with the relevant provisions of the State and the provisions of the property service contract before undertaking the new property.
(2) Specializing in facilities and equipment refers to facilities and equipment such as transformer (distribution), secondary water supply, heat exchange, gas pressure regulation, communications, cable television, etc., as well as related pipelines and metering devices.
(3) "Household port" refers to the junction between facilities and equipment such as transformer (distribution), secondary water supply, heat exchange, gas pressure regulation, communications, cable television, and related pipelines and metering devices and end users.
(4) "Common facilities and equipment" refers to the ancillary facilities and equipment jointly owned by residential owners or residential owners and relevant non-residential owners in accordance with laws and regulations and housing sales contracts. Including elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lights, ditches, pools, wells, non-operating parking garages, public welfare cultural and sports facilities and houses used by common facilities and equipment.
Article 38: The people's government of the autonomous prefecture shall, in combination with the needs of property management, formulate specifications for residential property services and provisions for the evaluation of residential property services.
Article 39: These Regulations take effect on December 1, 2022.
![Fengjie: Organize and convene a county-wide property management work conference[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)