District people's governments, municipal councils, direct municipal units:
The nanjing city housing insurance scheme is being issued to you and is being complied with。
Nanjing city people's government
27 may 2017
(this one is publicly available)
Management of residential property in nanjing
2020 revision
In order to strengthen the administration of property bonds, to safeguard the legitimate interests of owners and to safeguard the normal use and maintenance of property during the period of warranty, this approach is developed in accordance with the relevant laws and regulations, such as the state council regulation on the administration of property, the state council regulation on the quality of construction works, the jiangsu province regulation on the administration of property and the nanjing city regulation on the management of residential property, taking into account the municipal practice。
Article ii. This approach applies to the deposit, use, refund and supervision of property bonds for residential projects within the municipal administration。
Article 3 of this scheme refers to property bond deposits by the construction unit within the required period of deposit of the property bond for the purpose of securing the maintenance costs of shared residential areas and shared facility equipment during the maintenance period。
The period of deposit of the property bond referred to in the preceding paragraph is five years from the date of completion of the inspection of the property management project by the construction unit and the prior property service enterprise, from the date of filing of the inspection of the prior property management project for completion by the property service enterprise in accordance with the law, and from the time of filing of the inspection of the property management project in the last phase of the project。
Article iv. The administration of property bonds is governed by the principles of “uniform deposit, non-removable, earmarked, government supervision”。
Article v: the administrative authority for the administration of municipal property is responsible for the unified supervision of the municipal property bond; the administrative authority for the administration of district property is responsible for the consolidation, audit and day-to-day supervision of the property bond in the jurisdiction, and may designate the local financial authority for the special maintenance of dwellings (hereinafter referred to as the regulatory body) to carry out specific management。
The street office (the town people's government) assists the administrative authorities of property administration in the supervision of property insurance。
Article vi. Deposit of property bonds is to be deposited at a rate of two per cent of the total construction price of the property buildings, and the administrative authority of the municipal property administration shall adjust and publish, in due course, the amount of deposit of property bonds in the light of the market changes in the cost of construction of the property in the municipality。
Article 7. Local financial institutions shall be selected by the administrative authority responsible for the administration of the property of the district and entrusted to it as the specialized management agency for the insurance of the property in the area of the administration, and shall establish a special fund for insurance of the property in the specialized management agency。
Article 8. The opening of a property bond shall be maintained in an account in accordance with the depositary and shall be subdivided into a development account. In the event of a change in the name of the depositary unit within the period of deposit, a change in the name of the depositor shall be made within 30 days of the date of such change with the relevant supporting material, such as a business register, to the administrative authority responsible for the administration of the property of the district. Within three days of confirmation of the change, the administrative authority responsible for the administration of the estate shall notify the bank responsible for managing the property of the owner of the change。
Article 9 the construction unit shall, prior to the initial registration of property rights in immovable property, deposit the property bond in a special account, on a standard basis, in accordance with the total building area of the project for the period approved under the plan, and obtain a certificate of contribution. The first registration of real estate rights under this article includes the pre-sale of houses。
Article x. In the event that the property bond is insufficient within the time limit for deposit, the construction unit shall be replenished in a timely manner. Where the balance of the property bond is less than one half of the initial deposit, the administrative authority or authority responsible for the administration of the property in the district shall notify the construction unit in writing of the supplemental payment. The construction unit shall deposit the replenishment into a dedicated account within 10 days of receipt of the notification。
Article 11. In the event that the construction unit refuses to fulfil its warranty responsibilities during the period of the property insurance application, the applicant may apply to the administrative authority of the district property administration, the street office (town people's government) for an injunction and provide documentation of the duration of the warranty. The administrative authority responsible for the administration of the property of the district, the street offices (town people's governments) shall, within five working days from the date of receipt of the application, ensure that the construction unit fulfils its warranty responsibilities。
Article 12. If the construction unit is ordered not to perform warranty duties or is unable to do so for reasons such as winding up, bankruptcy, etc., the owner's committee or the property management committee may apply to the administrative authority or regulatory body of the district property administration for the use of a property bond in accordance with the rules of procedure, in accordance with the description of the maintenance project, the maintenance project implementation programme, and in the absence of a landlord's committee or property management committee, the property service enterprise or the related owner may act as an applicant。
The administrative authority responsible for the administration of municipal property is responsible for preparing the description of the maintenance project and the model text of the maintenance project implementation programme。
Article 13. The administrative authority or authority responsible for the administration of the property in the area shall complete the review within five working days from the date of receipt of the written application for the use of the bond. In the case of eligibility, the administrative authority or authority responsible for the administration of the property in the area issues a notice of use to the applicant。
Article 14. Upon obtaining a notice of use, the applicant organizes the maintenance programme in accordance with declared maintenance works. The applicant may entrust the maintenance to the property service enterprise and enter into an engineering contract with the maintenance construction unit。
Article xv. Upon completion of the acceptance and inspection, the applicant applies to the administrative authority or regulatory body of the district property administration for transfer of the property bond in possession of the relevant materials, such as the construction contract, the acceptance and inspection report, the proof of use of the works, the statement of accounts for the works. Where the cost of the accounts is more than $8,000, the audit reports issued by the qualified engineering advisory body shall be submitted simultaneously。
Where the conditions for the transfer of the warranty are met, the administrative authority or regulatory body of the district property management shall make the transfer of the warranty publicly available (time for 7 days). Upon expiry of the period of publicity, a letter of transfer of the bond is issued informing the exclusive management bank that the bond is to be transferred to the applicant。
Article 16 the following circumstances do not fall within the scope of the property bond:
(i) the common property area and common facility equipment are human-induced damage and the parties are liable for maintenance
(ii) functional upgrading, modification or upgrading of common property areas and shared facility equipment
(iii) the construction unit has implemented warranty and has achieved design usage functionality。
Article 17. Upon the expiration of the deposit of the property bond, the construction unit may apply to the administrative authority or regulatory body of the district property administration for the return of the bond. Upon receipt of the application, the administrative authority or authority responsible for the administration of the estate shall return the balance of the bond to the construction unit and shall return the bond to the relevant property area for publicity of 10 days。
Article 18 the administrative authority or authority responsible for the administration of the property in the district shall send the property bond statement to the construction unit at least once a year. The construction unit has access to its own funds account at all times and to the balance. If the construction unit objects to a change in the financial account, it may request a review. Upon receipt of the request for review, the administrative authority or authority responsible for the administration of the property in the area shall review it and inform the construction unit in writing within seven days of the outcome of the review。
Article 19 the municipality has established a mechanism for managing statistical statements of property bonds. The administrative authority responsible for the administration of the property of the district shall submit to the administrative authority responsible for the administration of the municipal property every six months a statistical statement of the deposit and use of the local property bond. The administrative authority for municipal property management shall organize an annual inspection of the administration of the municipal property bond。
Article 20 the financial management and accounting of property bonds shall be subject to the relevant provisions of the accounting act and the use and management of property bonds shall be subject to audit oversight by the audit service。
Article 21 the construction unit shall be legally responsible for property maintenance. In the event of failure to comply with the duty of warranty, the competent administrative authorities shall deal with the matter accordingly in accordance with the law and may record the misconduct in the firm's good faith record。
Article 22 this scheme shall become effective on 1 july 2017。
