Ministry of Construction of the People's Republic of China Ministry of Finance Order No. 165

The Measures for the Administration of Special Maintenance Funds for Residential Buildings were discussed and approved at the 142th executive meeting of the Ministry of Construction on October 30, 2007. They were jointly signed by the Ministry of Finance and are hereby promulgated and will be implemented as of February 1, 2008.

Minister of Construction Wang Guangyu

Minister of Finance Xie Xuren

December 4, 2007

Residential special maintenance funds

Chapter 1 General Provisions


Article 1 In order to strengthen the management of special maintenance funds for housing, to ensure the maintenance and normal use of residential shared parts, shared facilities and equipment, and to protect the legitimate rights and interests of the owners of special maintenance funds for housing, according to the "Property Law", "Property Management Regulations" and other laws And administrative regulations, the formulation of these measures.

Article 2 These Measures apply to the deposit, use, management and supervision of special maintenance funds for commercial housing and post-sale public housing.

The term "special maintenance funds for residential buildings" as used in these Measures refers to the funds used for maintenance, renewal and renovation after the expiration of the warranty period for shared parts and shared facilities.

Article 3 The term "residential shared parts" as used in these Measures refers to the parts shared by the owners of single houses or the owners of single houses and non-residential owners connected to the structure in accordance with laws, regulations and house sales contracts, generally including: The foundation of the house, the load-bearing walls, columns, beams, slabs, roofs and outdoor walls, foyers, stairwells, corridors, etc.

The term “shared facilities and equipment” as used in these Measures refers to the auxiliary facilities and equipment shared by the owner or owner of the house and the relevant non-residential owners in accordance with laws, regulations and housing sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, green spaces, roads. , street lamps, ditches, pools, wells, non-operating garages, public welfare cultural facilities and houses used for shared facilities and equipment.

Article 4 The management of special maintenance funds for residential houses shall be subject to the principles of special account storage, earmarking, ownership decision-making and government supervision.

Article 5 The competent department of construction under the State Council, together with the financial department of the State Council, is responsible for the guidance and supervision of the national special maintenance funds for housing.

The competent department of construction (real estate) of the local people's government at or above the county level shall be responsible for the guidance and supervision of the special maintenance funds for residential areas within the administrative area.


Chapter II Deposit


Article 6 The owners of the following properties shall deposit the special maintenance funds for the houses in accordance with the provisions of these Measures:

(1) Housing, except for one owner who does not have shared parts or shared facilities with other properties;

(2) Non-residential buildings connected to a single residential structure outside the non-residential or residential quarters in the residential community.

If the property listed in the preceding paragraph belongs to the sale of public housing, the unit that sells the house shall deposit the special maintenance funds for the house in accordance with the provisions of these Measures.

Article 7 The owner of a commercial house or the owner of a non-residential house shall deposit the special maintenance funds for the house according to the construction area of the property to be owned. The amount of the special maintenance fund for the first phase of the house shall be deposited per square meter of the building area for the local residential building installation project. The cost is 5% to 8%.

The competent department of construction (real estate) of the municipal, municipal and county people's governments shall, according to the situation of the region, reasonably determine and announce the amount of special maintenance funds for the first phase of housing deposited per square meter of building area, and adjust them in due course.

Article 8 For the sale of public housing, the special maintenance funds for housing shall be deposited in accordance with the following provisions:

(1) The owner shall deposit the special maintenance funds for the house according to the construction area of the property owned by the owner, and the amount of the special maintenance fund for the first phase of the house to be deposited per square meter of the building area shall be 2% of the cost of the local house reform.

(2) The unit for sale of the house shall not be less than 20% of the sale price of the multi-storey house, and 30% of the high-rise house shall not be less than 30% of the sale price.

Article 9 The special maintenance funds for the houses deposited by the owners belong to the owners.

The special maintenance funds for residential houses extracted from public housing sales are owned by public housing units.

Article 10 Before the establishment of the owners' meeting, the special maintenance funds for the houses deposited by the commercial residential owners and non-residential owners shall be managed by the competent department of construction (real estate) of the municipal, municipal and county people's governments.

The competent department of construction (real estate) of the municipal, municipal or county people's government shall entrust a local commercial bank to act as a special account management bank for residential special maintenance funds within its administrative area, and open a special account for residential special maintenance funds in the special account management bank.

To open a special account for residential special maintenance funds, the account should be set up in the property management area, and the household account should be set according to the door number of the house; if the property management area is not defined, the account should be set up as a unit, and the house number should be set according to the house number. Household account.

Article 11 Before the establishment of the owners' meeting, the special maintenance funds for public housing units sold shall be managed by the financial department of the municipal, municipal or county people's government or the competent department of construction (real estate).

The department responsible for managing the special maintenance funds for public housing should entrust a local commercial bank to act as the special account management bank for the special maintenance funds of public housing in the administrative area, and open a special maintenance fund for public housing in the special account management bank. .

The special account for the special maintenance funds for public housing should be set up according to the units sold, and the sub-accounts should be divided according to the building. Among them, the special maintenance funds for the houses deposited by the owners are set up according to the number of houses.

Article 12 The owner of a commercial house shall deposit the first-phase residential special maintenance fund into the special maintenance fund for residential housing before the house check-in procedure.

The owner of the sold public housing should deposit the first-phase residential special maintenance funds into the public housing residential special maintenance fund account or hand it over to the public housing unit special maintenance fund account before the house check-in procedure.

The public housing sales unit shall, within 30 days from the date of receipt of the sale of the house, deposit the special maintenance funds for the house into the special maintenance fund for the public housing.

Article 13 If the first-phase residential special maintenance fund is not deposited in accordance with the provisions of these Measures, the development and construction unit or the public housing sales unit shall not deliver the house to the purchaser.

Article 14 A special-purpose household that manages banks and collects special maintenance funds for residential houses shall issue special special funds for residential special maintenance funds that are uniformly supervised by the Ministry of Finance or the financial department of the people's government of the province, autonomous region or municipality directly under the Central Government.

Article 15 After the establishment of the owners' meeting, the special maintenance funds for the houses deposited by the owners shall be transferred in accordance with the following provisions:

(1) The owner's assembly shall entrust a local commercial bank to act as the special account management bank for the special maintenance funds for the residential property in the property management area, and open a special account for residential special maintenance funds in the special account management bank.

To open a special account for residential special maintenance funds, the account should be set up in the property management area, and the household account should be set according to the door number of the house.

(2) The owners' committee shall notify the local municipal, city or county people's government to construct (real estate) competent departments; if it involves sold public housing, it shall notify the department responsible for managing the special maintenance funds for public housing.

(3) The department in charge of the construction of the municipal, municipal or county people's government (real estate) or the department responsible for the management of the special maintenance funds for public housing should notify the special account management bank of the owner of the property management area within 30 days from the date of receipt of the notice. The book balance of the deposited special maintenance funds will be transferred to the residential special maintenance fund account opened by the owners' meeting, and the relevant accounts will be transferred to the owners' committee.

Article 16 The account management unit after the transfer of residential special maintenance funds shall be decided by the owners' meeting. The owner's assembly shall establish a management system for residential special maintenance funds.

The residential special maintenance fund account opened by the owners' meeting shall be subject to the supervision of the competent department of construction (real estate) of the municipal, municipal and county people's governments.

Article 17 If the balance of the special maintenance funds for the households' households' booked houses is less than 30% of the first-phase deposit, they shall be renewed in a timely manner.

The establishment of the owners' meeting, the renewal plan shall be decided by the owners' meeting.

If the owners' meeting is not established, the specific management measures for renewal shall be formulated by the competent department of construction (real estate) of the municipal, municipal and county people's governments in conjunction with the financial department at the same level.


Chapter III Use


Article 18 The special maintenance funds for residential buildings shall be specially used for the repair, renewal and transformation of the shared parts of the houses and the shared facilities and equipment after the expiration of the warranty period, and shall not be used for other purposes.

Article 19 The use of residential special maintenance funds shall follow the principles of convenience, transparency, transparency, and the beneficiaries and the burdenors.

Article 20 The expenses for the repair, renewal and renovation of residential shared parts and shared facilities and equipment shall be apportioned according to the following provisions:

(1) The maintenance, renewal and renovation costs of shared parts and shared facilities between commercial houses or between commercial houses and non-residential buildings shall be apportioned by the relevant owners according to the proportion of their respective building construction areas.

(2) The maintenance, renewal and renovation costs of shared parts and shared facilities between public housing after sale shall be shared by the relevant owners and public housing units in proportion to the special maintenance funds of the houses deposited; And then the relevant owners will share according to the proportion of the building area of their respective properties.

(3) The maintenance, renewal and renovation costs of the shared parts and shared facilities and shared facilities and equipment between the public housing and the commercial housing or non-residential buildings shall be allocated to the relevant properties according to the proportion of the construction area. Among them, the expenses to be shared after the sale of public housing will be shared by the relevant owners and public housing units in accordance with the proportion of the special maintenance funds deposited.

Article 21 If the residential shared parts and shared facilities and equipment are repaired, updated, and rebuilt, involving unsold commercial residential, non-residential, or public housing, the development and construction unit or public housing unit shall follow the unsold commercial housing or public housing. The construction area, sharing maintenance and renewal, renovation costs.

Article 22 If the residential special maintenance fund is transferred to the owner's assembly and needs to use the special maintenance funds for the house, the following procedures shall be followed:

(1) The property service enterprise proposes to use according to the maintenance and renewal and renovation project; if there is no property service enterprise, the relevant owner shall propose the use;

(2) Owners who have more than two-thirds of the total area of the building within the scope of the special maintenance funds for residential housing and more than two-thirds of the total number of owners have discussed and adopted the recommendations;

(3) The property service enterprise or related owner organization implements the use plan;

(4) The property service enterprise or related industry presides over the relevant materials, and applies to the competent department of construction (real estate) of the local municipal, city or county people's government for the application; in particular, if it uses the special maintenance funds for public housing, it shall be responsible for the management of public housing. The department that repairs the funds applies for the expenditure;

(5) After the municipal (prefecture) municipal, city or county people's government construction (real estate) competent department or the department responsible for managing the special maintenance funds for public housing units has approved the approval, it shall issue a notice to the special account management bank to transfer the special maintenance funds for the residential buildings;

(6) The special account management bank transfers the special maintenance funds for the required houses to the maintenance unit.

Article 23 After the special maintenance funds for residential buildings are transferred to the management of the owners' assembly, if it is necessary to use the special maintenance funds for the houses, the following procedures shall be followed:

(1) The property service enterprise proposes the use plan, and the use plan shall include the items to be repaired and updated, the project to be rebuilt, the cost budget, the scope of the project, the emergency situation that threatens the safety of the house, and other disposals requiring temporary use of the special maintenance funds for the house. Ways, etc.

(2) The owner's assembly passes the use plan according to law;

(3) The property service enterprise organizes the implementation of the use plan;

(4) The property service enterprise shall submit the special maintenance funds for the residential houses to the owners' committee with relevant materials; among them, if the public maintenance funds for public housing are used, the department responsible for managing the special maintenance funds for public housing shall apply for the expenditure;

(5) The owner's committee approves and approves according to the use plan, and reports to the municipal, city or county people's government construction (real estate) competent department for the record; if the public housing residential special maintenance fund is used, the department responsible for managing the public housing residential special maintenance funds shall approve the approval. The department in charge of the construction (real estate) of the municipal, municipal or county people's government or the department responsible for the management of public maintenance funds for public housing found that it does not comply with relevant laws, regulations, rules and usage plans shall be ordered to make corrections;

(6) The owner's committee and the department responsible for managing the special maintenance funds for the public housing units shall issue a notice to the special account management bank to transfer the special maintenance funds for the residential houses;

(7) The special account management bank transfers the special maintenance funds for the required houses to the maintenance unit.

Article 24 In the event of an emergency that threatens the safety of a house, if it is necessary to immediately repair, update, or renovate the shared parts and shared facilities of the house, the special maintenance funds for the house shall be listed in accordance with the following provisions:

(1) Before the transfer of residential special maintenance funds to the owners' congress, it shall be handled in accordance with the provisions of Items 4, 5 and 6 of Article 22 of these Measures;

(2) After the special maintenance funds for housing are transferred to the management of the owners' meeting, they shall be handled in accordance with the provisions of Items 4, 5, 6 and 7 of Article 23 of these Measures.

After the occurrence of the preceding paragraph, if the maintenance, renewal or transformation is not carried out in accordance with the regulations, the municipal (city, county) people's government construction (real estate) competent department may organize the repair, and the maintenance cost shall be included in the account of the relevant owner's house special maintenance fund. Among them, those involved in the sale of public housing should also be included in the special maintenance funds for public housing.

Article 25 The following fees shall not be included in the special maintenance funds for residential buildings:

(1) The expenses for the maintenance, renewal and renovation of the shared parts of the house and the shared facilities and equipment that should be undertaken by the construction unit or the construction unit according to law;

(2) The maintenance and maintenance costs of pipelines and facilities such as water supply, power supply, gas supply, heat supply, communication, and cable television that should be borne by the relevant units according to law;

(3) The repair costs that should be borne by the parties for man-made damage to the shared parts of the house and the shared facilities and equipment;

(4) According to the property service contract, the maintenance and maintenance costs of the shared parts of the house and the shared facilities and equipment that should be borne by the property service enterprise.

Article 26 Under the premise of ensuring the normal use of residential special maintenance funds, the special maintenance funds for housing may be used to purchase government bonds in accordance with relevant state regulations.

The use of residential special maintenance funds to purchase treasury bonds should be purchased in the inter-bank bond market or the commercial bank counter market to purchase new treasury bonds in the primary market and hold maturity.

If the owner's special maintenance fund is used to purchase the national debt, the owner's assembly shall agree; if the owner's assembly is not established, the owner who owns more than two-thirds of the total area of the building shall be the exclusive part and the total number of the owner shall be three-thirds. More than two owners agree.

The use of residential special maintenance funds extracted from public housing sales to purchase government bonds shall be reported to the financial department at the same level for approval according to the financial subordination of the units sold.

It is forbidden to use residential special maintenance funds to engage in government bond repurchase, entrust financial management business or use the purchased government bonds for pledge, mortgage and other guarantees.

Article 27 The following funds shall be transferred to the residential special maintenance funds for use:

(1) Storage interest on residential special maintenance funds;

(2) Using the special maintenance funds for housing to purchase the value-added income of the national debt;

(3) If the owner uses the shared parts of the house or the shared facilities and equipment to operate, the proceeds of the owner shall be excluded, unless otherwise decided by the owners' meeting;

(4) The residual value of the residential shared facilities and equipment after being scrapped.



Chapter IV Supervision and Management



Article 28 When the ownership of a house is transferred, the owner shall explain to the transferee the deposit and balance of the special maintenance funds for the house and issue a valid certificate. The special maintenance funds for the house balance in the house account shall be transferred at the same time with the ownership of the house.

The transferee shall go through the agreement on the transfer of the special maintenance funds for the house, the house ownership certificate, the ID card, etc. to the special account management bank to handle the change of the account.

Article 29 If a house is lost, the special maintenance funds for the house shall be returned in accordance with the following provisions:

(1) The special maintenance funds for the housing balance in the household account are returned to the owner;

(2) The book balance of the special maintenance funds for the house deposited by the selling unit is returned to the unit for sale; if the unit for sale does not exist, the state treasury of the same level shall be collected according to the financial affiliation of the unit for sale.

Article 30 The competent department of construction (real estate) of the municipal, municipal or county people's government, the department responsible for the management of public housing residential special maintenance funds and the owners' committee shall, at least once a year, check with the special account management bank the residential special maintenance fund accounts, and The owner and the public housing sales unit announced the following:

(1) The total amount of deposits, uses, value-added income and balances of residential special maintenance funds;

(2) The project, expenses and assessments incurred;

(3) The amount of deposit, use, value-added income and balance of residential special maintenance funds in the household account of the owner and public housing sales unit;

(4) Other circumstances concerning the use and management of special maintenance funds for residential buildings.

If the owner or public housing sales unit disagrees with the published situation, it may request a review.

Article 31 The special account management bank shall, at least once a year, construct the (real estate) competent department of the municipal, city or county people's government, and the department responsible for the management of the public housing residential special maintenance funds and the owners' committee to send a statement of the special maintenance funds for the residential property.

The municipal, city or county construction (real estate) competent department, the department responsible for managing the special maintenance funds for public housing and the owners' committee have objections to the changes in the fund account, and may require the special account management bank to review.

The special account management bank shall establish a special inspection fund inquiry system for residential houses, and accept the inquiries from the owner and public housing sales units on the use of residential special maintenance funds, value-added income and book balance in their household accounts.

Article 32 The management and use of special maintenance funds for residential buildings shall be subject to the audit supervision of the audit department in accordance with the law.

Article 33 The financial management and accounting of residential special maintenance funds shall implement the relevant provisions of the Ministry of Finance.

The financial department shall strengthen the supervision of the financial management of the special maintenance funds and the implementation of the accounting system.

Article 34 The purchase, use, preservation and write-off management of special bills for residential special maintenance funds shall be carried out in accordance with the relevant provisions of the Ministry of Finance and the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be subject to supervision and inspection by the financial department.


Chapter V Legal Liability


Article 35 If a public housing sales unit has one of the following acts, the financial department of the local people's government at or above the county level shall, together with the competent department of construction (real estate) at the same level, order a correction within a time limit:

(1) failing to deposit special maintenance funds for housing in accordance with Article 8 and Article 12, paragraph 3 of these Measures;

(2) delivering the house to the buyer in violation of the provisions of Article 13 of these Measures;

(3) Failure to allocate maintenance, renewal and renovation costs in accordance with the provisions of Article 21 of these Measures.

Article 36 If a development and construction unit violates the provisions of Article 13 of these Measures and delivers the house to the buyer, the competent department of construction (real estate) of the local people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be imposed 30,000 yuan. The following fines.

Where the development and construction unit fails to share the expenses for maintenance, renewal and renovation in accordance with the provisions of Article 21 of these Measures, the competent department of construction (real estate) of the local people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be under 10,000 yuan. fine.

Article 37 If, in violation of the provisions of these Measures, the special maintenance funds for residential use are misappropriated, the construction (real estate) competent department of the local people's government at or above the county level shall recover the misappropriated residential special maintenance funds, confiscate the illegal income, and may divert the amount twice. The following fines; if they constitute a crime, the criminal responsibility of the directly responsible person in charge and other directly responsible personnel shall be investigated according to law.

If the property service enterprise misappropriates the special maintenance fund for the house, if the circumstances are serious, in addition to the punishment according to the provisions of the preceding paragraph, the department that issued the qualification certificate shall revoke the qualification certificate.

Where the municipal, municipal or county people's government construction (real estate) competent department misappropriates residential special maintenance funds, the competent department of the construction (real estate) of the people's government at the next higher level shall recover the misappropriated residential special maintenance funds, and the directly responsible supervisors and other directly The responsible person shall be given disciplinary action according to law; if it constitutes a crime, criminal responsibility shall be investigated according to law.

Where the financial department of the municipal, municipal or county people's government misappropriates the special maintenance funds for residential buildings, the financial department of the people's government at the next higher level shall recover the misappropriated residential special maintenance funds, and shall directly punish the directly responsible persons in charge and other directly responsible personnel; Investigate criminal responsibility according to law.

Article 38 Where the competent department of construction (real estate) of the municipal, municipal or county people's government violates the provisions of Article 26 of these Measures, the competent department of the construction (real estate) of the people's government at the next higher level shall order it to make corrections within a time limit, and the person directly responsible shall be directly responsible. Personnel and other directly responsible personnel shall be given disciplinary sanctions according to law; if losses are caused, compensation shall be made according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Where the financial department of the municipal, municipal or county people's government violates the provisions of Article 26 of these Measures, the financial department of the people's government at the next higher level shall order it to make corrections within a time limit, and the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions according to law; Compensation shall be made according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

If the owners' congress violates the provisions of Article 26 of these Measures, the competent department of construction (real estate) of the municipal, municipal or county people's government shall order it to make corrections.

Article 39 The acts of violating the regulations on the management of special bills for special maintenance funds for residential houses shall be investigated for legal responsibility in accordance with the relevant provisions of the Regulations on Punishment of Financial Violations.

Article 40 The competent departments of the construction (real estate) of the people's governments at or above the county level, the financial departments and their staff members shall take advantage of their positions to accept the property or other benefits of others, fail to perform their duties of supervision and management according to law, or find that illegal acts are not investigated. , according to law, the punishment shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law.


Chapter VI Supplementary Provisions


Article 41 The competent departments of the construction (real estate) of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in conjunction with the financial departments at the same level, formulate detailed implementation rules in accordance with these Measures.

Article 42 Before the implementation of these Measures, if commercial housing and public housing have been sold but no special maintenance funds for housing have been established, they shall be rebuilt. The specific measures shall be formulated by the competent department of the construction (real estate) of the people's government of the province, autonomous region or municipality directly under the Central Government in conjunction with the financial department at the same level in accordance with these Measures.

Article 43 These Measures shall be jointly interpreted by the competent construction department of the State Council and the financial department.

Article 44 These Measures shall come into force on February 1, 2008, and the Measures for the Administration of Maintenance Facilities Funds for Shared Parts of Residential Buildings issued by the Ministry of Construction and the Ministry of Finance on December 16, 1998 (Building Housing [1998] No. 213 ) At the same time abolished.