Beijing construction and development committee〔2010〕603
The District Construction Committee, House Administration Bureau, the relevant units
to implement "Beijing property management regulation " (Beijing Municipal People's Government Order No. 219), to further regulate the transfer of the property management,Municipal Commission of Housing and Urban-Rural Development formulated the "transfer regulation of Beijing property management " is issued to you, Please comply
appendix: "transfer regulation of Beijing property management "
Municipal Commission of Housing and Urban-Rural Development
October 19,2010
appendix:"transfer regulation of Beijing property management"
Chapter I General Provisions
Article 1. to regulate the transfer activities of the property project and maintain the legitimate rights of the proprietors, construction unit and property service enterprise ,to develop healthy and orderly and to build a harmonious community , according to "Beijing property management regulation", combining actual situation of the city, formulating the regulations.
Article 2.transfer among the construction unit , property services enterprise and all proprietors of property in administrative area of the city ,apply to this regulation.
Article3.The term transfer of property management referred in the provision, is transfer activities that building units or proprietors and property service enterprise inspect and transfer all the property shared parts and transfer relevant property management shared data
Article 4.Municipal housing administrative department is responsible for transfer supervision of property management in the whole city.County housing administrative departments is responsible for transfer supervision of property management in the whole county .District offices, township people's government is responsible for coordinating transfer dispute of property management ,guide and help proprietors to decide relevant matter together.
Article 5.Transfer activities of Property management should in conformity with legal , consult equally, maintain harmony of community and stability of society.
Chapter 2. The content and process of transfer
Article 6 the property has set up proprietor's committee shall be authorized by the proprietors Committee ,on behalf of all the proprietors to transfer; if didn't set up,shall transferred by the authorized proprietors .
all the proprietors shall entrust selected property service enterprise to transfer ; shall also commission the assessment and supervision department of property services to transfer and assess property in accordance with the "third-party assessment and supervision management regulation of Beijing property services " (Beijing construction and development committee〔2010〕 383 ) , and issue property project transfer report.
Article 7. the property transfer agreement shall be signed before the handover.Transfer agreements generally including: project title, the main body of transfer, the transfer time, the demarcation point of the rights and responsibilities , contents of transfer ,the transfer inspection methods and standards, solution of relevant debt and dispute
Article 8. The proprietor determine to dismiss the former property services and ascertain the managerial way. all of the proprietors and construction units should follow the transfer procedures as below:
1.All the proprietors will inform construction units writing codetermination together
2.Both parties negotiate and sign the transfer agreement
3.all proprietors inform the codetermination and transfer agreement and relevant situation to district offices, township and county people's government and administrative departments of Housing in writing form.
4 .The two sides inspect and transfer shared part of the property and transfer relevant property management data in accordance with the "Beijing Property Management Regulations". contractual termination happens before "Beijing Property Management Regulations," all the proprietors and property service enterprise transfer according to article 9 of the provision.
Article 9.Co- proprietors decided not to accept the service, or decide not to further employ original property service enterprise after termination of contract , transfer procedures between all the proprietors and property services enterprise shall be in accordance with the following:
1.All the proprietors inform the property service enterprise their codetermination in writing form,if signing property service contract ,proprietors shall inform the property service enterprise in writing form before the termination of the contract.
2.the two parties negotiate and sign transfer agreement
3.all proprietors inform the codetermination and transfer agreement and relevant situation to district offices, township and county people's government and administrative departments of Housing in writing form.
4.The two sides inspect and transfer shared part of the property and transfer and take over relevant property management data in accordance with the article 27 of "Beijing Property Management Regulations".
Article 10.Property service enterprise decided not to offer the service, or decide not to further employed by original proprietors after termination of contract , transfer procedures between all the proprietors and property services enterprise shall be in accordance with the following:
1.Property service enterprise inform all the proprietors three months ahead of contraction termination in writing form.
2.Both parties negotiate and sign transfer agreement.
3.Property service enterprise inform the codetermination and transfer agreement and relevant situation to district offices, township and county people's government and administrative departments of Housing in writing form.
4.The two sides inspect and transfer common part of the property and transfer and take over relevant property management data in accordance with the article 27 of "Beijing Property Management Regulations".
Property service enterprise inform that they will terminate the contract ,the informing date to the deadline is less than three months,shall withdraw after three months,shall not stop property service without authorization
The proprietors transfer neglectfully ,district offices, township and county people's government shall recommend representative to transfer according to regulations.
Article11.Co- proprietors decided to hire new property services enterprise, all of the proprietors and property services enterprise should follow the following transfer procedures
1.all the proprietors inform codeterminations to property service enterprise in writing.
2.Two parties negotiate and sign transfer agreement.
3.all proprietors inform the codetermination and transfer agreement and relevant situation to district offices, township and county people's government and administrative departments of Housing in writing form.
4.The two sides inspect and transfer shared part of the property,transfer and take over relevant property management data in accordance with the article 27 of "Beijing Property Management Regulations".
Article12. Article Eight, nine prescribe t, the construction unit, the property services enterprise should complete the transfer with all the proprietors within 60 days and withdraw the property management area. The starting time of the transfer:
1. property service contact signed with a terminated time ,the starting time is from the terminational date of the property service contract ;
2.The other situation ,the starting time is from date the construction unit and property service enterprise receive the writing report.
Article12.When transferring,The construction unit ,property service enterprise should maintain the normal property management state before withdraw the property management area,and shall not charge from proprietors.
Article13.before the expiration of the original property,all the proprietors decide to further employ original service enterprises, should negotiate and sign the service contract 30 days before expiration.
Chapter3.Transfer standard
Article14.The property managememt transfer shall transfer and inspect according to "new property transfer and inspection standard "
Article15.when property Transfer, the construction unit, the property services enterprise, proprietors Committee and relevant proprietors shall cooperate, the following acts shall not be allowed
1.Refuse to transfer property service office and relevant data.
2.Refuse to cooperate transfer and inspection
3.Refuse to withdraw property management area
4.Transfer forcibly
5.Other behaviours that law and regulations prohibit
Article16.The term "refuse to withdraw the property management area"refers to the construction unit, the property services enterprise violate the Article Twelve of the provisions , don not withdrawalhe property management area when exceed the defined time .
Article 17.transfer forcibly in the provision,refers to the following b1. property service enterprise enter property management area without the authority of all proprietors.except for transfer behaviour organized by government.
2.The original property service enterprise did not withdraw,did not reach an agreement in the negotiation ,or enter the property management area without lawsuit and arbitration.
Chapter4.Meet urgent need Property service
Article18.any situation as follow,the construction property service shall not maintain the normal property management . Street offices, township people's government that the property located ,shall combine with relevant departments to provide emergency property services
1.Before the expiration of property service ,the construction unit or original property service enterprise should withdraw property management area,all the proprietors fail to determine the property management measure according to law
2.during the contract period of Property service, the construction unit or property services company breaches the property service contracts unilaterally , withdraw the property management area, all the proprietors failed to determine property management measure according to law
3.during contract period of Property service, the construction unit or property service enterprise unable to perform the obligations of property services in law or in reality due to bankruptcy, the qualification was cancelled and other cause.
Article19.Measures of emergent property service determine according to the actual situation of the area,shall specially organize Meet urgent need Property service group ,employ property service enterprise.
Article20.Before providing the property emergency services , street offices, township people's government property located shall announce service content, service charges,duration of service and other relevant content in the property management area
Article21.Emergency property service is limited to garbage removal services, order maintenance, water supply, elevator and other services to maintain basic living matters .
Article22.charge of Emergency services should be paid by all the propiretors , propiretors Commission should assist.
Article23.Duration of emergency service shall not exceed 3 months.During the emergency services period, street offices, township people's government shall guide and assist all the proprietors codeterminate the property management measure and content according to law.
Article24.During the emergency services period , damage of the shared part of property refited by all the proprietors, except for deliberate damaged by emergency service unit.
Supervision and management
Article25.Violating these rules, the construction unit, property services enterprise refuse to transfer property services office and relevant data, refusing to cooperate transfer and inspection, stop property services without authorities, refusing to withdraw the property management area, forcibly take over,the County and District Housing Administration authorities punish them in accordance with the "Property Management Regulations", "Beijing property management approach" and relevant provisions according to law
Article26.Violating these rules, property services enterprise do not fulfill obligations of transfer, or do not transfer follow the regulations,stop property service without authorization , refusing to withdraw the property management area, forcibly take over, the municipal, district and county housing administrative departments punish property services enterprise and relevant responsible according to relevant regulations of the municipal property services enterprise and relevant responsible credit information and property services management
Article27.Violating relevant provisions of" the administrative punishment law of PRC public safety ," "safety and Guarding Services Ordinance " the property services enterprise and safety guards use violence or threaten by the means of violence to dispose transfer disputes, seizure, confiscation the other's voucher, property and other acts,shall be punished by public safety organs
Article28.Construction unit, property services enterprise violate relevant regulations, refusing to transfer the property service office and relevant data, refusing to cooperate transfer inspection , refusing to withdraw property management area, forcibly took over, and all of the proprietors shall legally resolve through arbitration or litigation
Chapter 6.Supplementary Provisions
Article29.These Measures shall come into force on December 1, 2010 ."guidance of relevant issue of residential properties transfe" (Beijing construction committee 〔2006〕 23) of Beijing Construction Committee is abolished
