Property management regulations
(Promulgated by DecreeNo. 379th of the State Council of the People’s Republic of China on June 8, 2003.
According to the Decision of the State Council on Amending the Regulations on Property Management on August 26th, 2007, it was revised for the first time.
According to the second revision of the State Council’s Decision on Amending Some Administrative Regulations on February 6, 2016)
Chapter I General Principles
the first These Regulations are formulated in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people.
the second The term "property management" as mentioned in these Regulations refers to the activities that the owners and the property service enterprises carry out maintenance, conservation and management of the houses, supporting facilities, equipment and related sites by hiring property service enterprises, and maintain the environmental sanitation and related order in the property management area.
Article The state encourages owners to choose property service enterprises through an open, fair and just market competition mechanism.
Article 4 The state encourages the adoption of new technologies and methods, and relies on scientific and technological progress to improve the level of property management and service.
Article 5 The State Council construction administrative department is responsible for the supervision and management of property management activities throughout the country.
The real estate administrative departments of local people’s governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.
Chapter II Owners and Owners’ Congress
Article 6 The owner of the house is the owner.
Owners enjoy the following rights in property management activities:
(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;
(two) proposed to convene a meeting of the owners’ congress, and put forward suggestions on matters related to property management;
(three) put forward suggestions on formulating and amending the management regulations and the rules of procedure of the owners’ congress;
(four) to participate in the meeting of the owners’ congress and exercise the right to vote;
(five) to elect members of the owners’ committee and enjoy the right to be elected;
(six) to supervise the work of the owners’ committee;
(seven) to supervise the realty service enterprise to perform the realty service contract;
(eight) the right to know and supervise the use of shared parts of the property, shared facilities and equipment and related sites;
(nine) to supervise the management and use of special maintenance funds for shared parts and shared facilities and equipment (hereinafter referred to as special maintenance funds);
(ten) other rights stipulated by laws and regulations.
Article 7 Owners shall perform the following obligations in property management activities:
(1) Abide by the management statute and the rules of procedure of the owners’ congress;
(2) Abide by the rules and regulations on the use of common parts and shared facilities and equipment, the maintenance of public order and environmental sanitation in the property management area;
(three) to implement the decisions of the owners’ congress and the decisions made by the owners’ committee authorized by the owners’ congress;
(four) in accordance with the relevant provisions of the state to pay special maintenance funds;
(five) to pay the property service fees on time;
(six) other obligations stipulated by laws and regulations.
Article 8 All owners in the property management area form the owners’ meeting.
The owners’ congress shall represent and safeguard the legitimate rights and interests of all owners in the property management activities within the property management area.
Article 9 A property management area establishes an owners’ meeting.
The division of property management areas should take into account factors such as shared facilities and equipment, building scale and community construction. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Article 10 Owners in the same property management area shall set up owners’ meetings and elect owners’ committees under the guidance of the real estate administrative departments of the district and county people’s governments or neighborhood offices and township people’s governments where the property is located. However, if there is only one owner, or the number of owners is small and all owners agree unanimously, the owners shall jointly perform the duties of the owners’ meeting and the owners’ committee.
Article 11 The following matters shall be jointly decided by the owner:
(a) to formulate and amend the rules of procedure of the owners’ congress;
(2) Formulating and amending the management regulations;
(three) to elect the owners’ committee or replace the members of the owners’ committee;
(four) the selection and dismissal of property services companies;
(five) to raise and use special maintenance funds;
(six) renovation and reconstruction of buildings and their ancillary facilities;
(seven) other major issues related to joint ownership and joint management rights.
Article 12 The meeting of the owners’ congress can be in the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total building area and more than half of the total number of owners in the property management area.
The owner may entrust an agent to attend the meeting of the owners’ congress.
The owners’ meeting decides the matters specified in Items (5) and (6) of Article 11 of this Ordinance, which shall be agreed by the owners whose exclusive part accounts for more than 2/3 of the total building area and accounts for more than 2/3 of the total number; Other matters stipulated in Article 11 of these regulations shall be decided by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of owners.
The decisions of the owners’ congress or the owners’ committee are binding on 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.
Article 13 Meetings of owners’ congress are divided into regular meetings and temporary meetings.
Regular meetings of the owners’ congress shall be held in accordance with the rules of procedure of the owners’ congress. Upon the proposal of more than 20% of the owners, the owners’ committee shall organize an interim meeting of the owners’ congress.
Article 14 When a meeting of the owners’ congress is held, all owners shall be notified 15 days before the meeting is held.
The meeting of the owners’ assembly of residential quarters shall be informed to the relevant residents’ committees at the same time.
The owners’ committee shall keep the minutes of the owners’ meeting.
Article 15 The owners’ committee shall implement the matters decided by the owners’ congress and perform the following duties:
(a) to convene a meeting of the owners’ congress and report on the implementation of property management;
(two) on behalf of the owners and the owners of the general assembly to select the realty service enterprise to sign a realty service contract;
(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;
(4) Supervising the implementation of the management regulations;
(five) other duties entrusted by the owners’ congress.
Article 16 The owners’ committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people’s government, the subdistrict office and the Township People’s government where the property is located.
Members of the owners’ committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability.
The chairman and deputy directors of the owners’ committee shall be elected from among the members of the owners’ committee.
Article 17 The management statute shall stipulate 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 in violation of the management statute.
Management regulations shall respect social morality and shall not violate laws and regulations or harm public interests.
Management regulations are binding on all owners.
Article 18 The rules of procedure of the owners’ congress shall stipulate the methods of discussion, voting procedures, composition of the owners’ committee and the term of office of members.
Article 19 The owners’ congress and the owners’ committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.
If the decision made by the owners’ congress or the owners’ committee violates laws and regulations, the real estate administrative department of the district or county people’s government or the subdistrict office or the township people’s government where the property is located shall order it to make corrections within a time limit or revoke its decision, and notify all the owners.
Article 20 The owners’ congress and the owners’ committee shall cooperate with the public security organs, cooperate with the residents’ committees and jointly do a good job in maintaining social order and other related work in the property management area.
In the property management area, the owners’ congress and the owners’ committee shall actively cooperate with the relevant residents’ committees to perform their autonomous management duties according to law, support the residents’ committees to carry out their work, and accept their guidance and supervision.
The decisions made by the owners’ assembly and the owners’ committee of residential quarters shall be informed to the relevant residents’ committees, and the suggestions of the residents’ committees shall be carefully listened to.
Chapter III Early Property Management
Article 21 Before the owners and the owners’ congress select and employ the realty service enterprise, the construction unit shall sign a written preliminary realty service contract.
Article 22 The construction unit shall, before selling the property, formulate a temporary management statute, 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 should be borne in violation of the temporary management statute.
The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.
Article 23 The construction unit shall express the temporary management agreement to the property buyer before the property sale and explain it.
When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management agreement.
Article 24 The state encourages construction units to select qualified property service enterprises through bidding in accordance with the principle of separating real estate development from property management.
The construction unit of residential property shall select a realty service enterprise with corresponding qualifications through bidding; If there are less than three bidders or the residential scale is small, with the approval of the real estate administrative department of the district or county people’s government where the property is located, the property service enterprises with corresponding qualifications can be selected by agreement.
Article 25 The sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.
Article 26 The prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners’ committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract will be terminated.
Article 27 The owner shall not dispose of the ownership or right to use the shared parts and facilities of the property according to law.
Article 28 When undertaking the property, the realty service enterprise shall inspect the shared parts and facilities of the property.
Article 29 When handling the property acceptance procedures, the construction unit shall hand over the following information to the 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;
(2) Technical data such as installation, use and maintenance of facilities and equipment;
(three) property quality warranty documents and property use documents;
(four) other information necessary for property management.
The realty service enterprise shall hand over the above information to the owners’ committee at the termination of the previous realty service contract.
Article 30 The construction unit shall, in accordance with the provisions, allocate the necessary property management houses in the property management area.
Article 31 The construction unit shall undertake the warranty responsibility of the property in accordance with the warranty period and scope stipulated by the state.
Chapter IV Property Management Services
Article 32 Enterprises engaged in property management activities shall have independent legal personality.
The state implements a qualification management system for enterprises engaged in property management activities. The specific measures shall be formulated by the administrative department of construction in the State Council.
Article 33 A property management area is managed by a property service enterprise.
Article 34 The owners’ committee shall conclude a written realty service contract with the realty service enterprise selected by the owners’ congress.
The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.
Article 35 The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.
If the realty service enterprise fails to fulfill the stipulations of the realty service contract, resulting in damage to the owner’s personal and property safety, it shall bear corresponding legal responsibilities according to law.
Article 36 When undertaking the property, the realty service enterprise shall go through the formalities of property acceptance with the owners’ committee.
The owners’ committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the realty service enterprise.
Article 37 The ownership of the property management house belongs to the owner according to law. Without the consent of the owners’ meeting, the property service enterprise shall not change the use of the property management house.
Article 38 When the realty service contract is terminated, the realty service enterprise shall return the property management house and the information specified in the first paragraph of Article 29 of these regulations to the owners’ committee.
When the realty service contract is terminated, if the owners’ congress selects a new realty service enterprise, the realty service enterprise shall do a good job of handover.
Article 39 The realty service enterprise may entrust the special service business within the realty management area to a professional service enterprise, but shall not entrust all the realty management within the area to others.
Article 40 Property service charges shall follow the principles of reasonableness, openness and adaptability of fees and service levels, and distinguish the nature and characteristics of different properties. The owners and property service enterprises shall stipulate in the property service contract according to the property service charges formulated by the the State Council price department in conjunction with the the State Council construction administrative department.
Article 41 The owner shall pay the property service fee according to the agreement in the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall be jointly and severally liable from the agreement.
Property that has been completed but has not been sold or handed over to the property buyer, the property service fee shall be paid by the construction unit.
Article 42 The price departments of the people’s governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.
Article 43 The realty service enterprise may provide services beyond those stipulated in the realty service contract according to the entrustment of the owner, and the service remuneration shall be agreed by both parties.
Article 44 Within the property management area, water supply, power supply, gas supply, heat supply, communication, cable TV and other units shall charge relevant fees to the end users.
Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not charge the owners any additional fees such as handling fees.
Article 45 The realty service enterprise shall stop the acts in violation of laws and regulations on public security, environmental protection, property decoration and use within the realty management area, and report to the relevant administrative departments in a timely manner.
After receiving the report from the realty service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them according to law.
Article 46 The realty service enterprise shall assist in the security work within the realty management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work.
The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.
Article 47 The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations.
If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.
Article 48 The real estate administrative departments of the local people’s governments at or above the county level shall promptly handle the complaints of owners, owners’ committees, property users and property service enterprises in property management activities.
Chapter V Use and Maintenance of Property
Article 49 Public buildings and shared facilities built in accordance with the planning within the property management area shall not be changed in use.
If the owners really need to change the use of public buildings and shared facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and shared facilities, it shall submit it to the owners’ meeting for discussion and decision, and the owners shall go through the relevant formalities according to law.
Article 50 Owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the common interests of owners.
Due to the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners’ committee and the property service enterprise; If the realty service enterprise really needs to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners’ committee.
Owners and realty service enterprises shall restore the temporarily occupied and excavated roads and sites to their original state within the agreed time limit.
Article 51 Water supply, power supply, gas supply, heating, communication, cable television and other units shall bear the responsibility for the maintenance and conservation of related pipelines and facilities and equipment in the property management area according to law.
If the units specified in the preceding paragraph temporarily occupy or dig roads and sites due to the needs of maintenance and conservation, they shall restore the original state in time.
Article 52 If the owner needs to decorate the house, he shall inform the property service enterprise in advance.
The realty service enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration.
Article 53 Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with single residential buildings shall pay special maintenance funds in accordance with relevant state regulations.
The special maintenance funds belong to the owners, and shall be used exclusively for the maintenance, renewal and transformation of the shared parts and facilities of the property after the expiration of the property warranty period, and shall not be used for other purposes.
Measures for the collection, use and management of special maintenance funds shall be formulated by the administrative department of construction of the State Council in conjunction with the financial department of the State Council.
Article 54 The use of shared parts of the property, shared facilities and equipment for business, should be in the consent of the relevant owners, owners’ congress, property services companies, in accordance with the provisions of the relevant procedures. The owner’s income should be mainly used to supplement the special maintenance funds, and can also be used according to the decision of the owners’ meeting.
Article 55 When there are security risks in the property, which endanger the public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintain it, and the relevant owners shall cooperate.
If the responsible person fails to perform the maintenance obligation, it can be maintained by the property service enterprise with the consent of the owners’ meeting, and the expenses shall be borne by the responsible person.
Chapter VI Legal Liability
Article 56 If, in violation of the provisions of this Ordinance, the construction unit of residential property fails to select a realty service enterprise through bidding or employs a realty service enterprise through agreement without approval, the real estate administrative department of the local people’s government at or above the county level shall order it to make corrections within a time limit, give it a warning and may concurrently impose a fine of less than 100,000 yuan.
Article 57 In violation of the provisions of this Ordinance, if the construction unit arbitrarily disposes of the ownership or use right of the shared parts of the property and shared facilities and equipment belonging to the owners, the real estate administrative department of the local people’s government at or above the county level shall impose a fine of 50,000 yuan to 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.
Article 58 In violation of the provisions of these regulations, if the relevant materials are not handed over, the real estate administrative department of the local people’s government at or above the county level shall order it to make corrections within a time limit; If the relevant information is not handed over within the time limit, the construction unit and the property service enterprise shall be notified and fined between 10,000 yuan and 100,000 yuan.
Article 59 In violation of the provisions of this Ordinance, those who engage in property management without obtaining the qualification certificate shall be confiscated by the real estate administrative department of the local people’s government at or above the county level, and shall be fined not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.
Whoever obtains a qualification certificate by deception shall be punished in accordance with the provisions of the first paragraph of this article, and the qualification certificate shall be revoked by the department that issued the qualification certificate.
Article 60 In violation of the provisions of this Ordinance, if a realty service enterprise entrusts all the realty management within a realty management area to others, the real estate administrative department of the local people’s government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than 30% and less than 50% of the entrusted contract price; If the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate. The proceeds from the entrustment shall be used for the maintenance and conservation of the common parts and shared facilities and equipment in the property management area, and the rest shall be used according to the decision of the owners’ meeting; If losses are caused to the owners, they shall be liable for compensation according to law.
Article 61 In violation of the provisions of this Ordinance, misappropriation of special maintenance funds, the real estate administrative department of the local people’s government at or above the county level shall recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than 2 times the amount of misappropriation; Property services companies misappropriate special maintenance funds, if the circumstances are serious, and the qualification certificate shall be revoked by the department that issued the qualification certificate; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.
Article 62 If, in violation of the provisions of this Ordinance, the construction unit fails to allocate the necessary property management premises in the property management area, the real estate administrative department of the local people’s government at or above the county level shall order it to make corrections within a time limit, give it a warning, confiscate its illegal income and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan.
Article 63 In violation of the provisions of this Ordinance, without the consent of the owners’ meeting, the realty service enterprise arbitrarily changes the use of the property management house, and the real estate administrative department of the local people’s government at or above the county level shall order it to make corrections within a time limit, give it a warning and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; If there is income, the income will be used for the maintenance and conservation of the common parts and shared facilities and equipment in the property management area, and the rest will be used according to the decision of the owners’ meeting.
Article 64 In violation of the provisions of these regulations, any of the following acts shall be ordered by the real estate administrative department of the local people’s government at or above the county level to make corrections within a time limit, given a warning and fined in accordance with the provisions of the second paragraph of this article; The proceeds will be used for the maintenance and conservation of shared parts and facilities in the property management area, and the rest will be used according to the decision of the owners’ meeting:
(a) unauthorized changes in the use of public buildings and shared facilities built in accordance with the plan within the property management area;
(two) unauthorized occupation and excavation of roads and sites in the property management area, which damages the common interests of the owners;
(three) unauthorized use of shared parts of the property, shared facilities and equipment for business.
Individuals who commit one of the acts specified in the preceding paragraph shall be fined from 1000 yuan to 10,000 yuan; If a unit commits one of the acts specified in the preceding paragraph, it shall be fined between 50,000 yuan and 200,000 yuan.
Article 65 In violation of the property service contract, the owners fail to pay the property service fees within the time limit, and the owners’ committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a suit in a people’s court.
Article 66 In the name of the owners’ congress or the owners’ committee, the owners engage in activities in violation of laws and regulations, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law.
Article 67 In violation of the provisions of this Ordinance, the staff of the construction administrative department of the State Council, the real estate administrative department of the local people’s government at or above the county level or other relevant administrative departments take advantage of their positions, accept other people’s property or other benefits, fail to perform their supervision and management duties according to law, or find that illegal acts are not investigated and dealt with, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
Chapter VII Supplementary Provisions
Article 68 These Regulations shall come into force as of September 1, 2003.