Legal basis: Article 5 of the Measures for the Administration of Residential Special Maintenance Funds When selling commercial houses, the buyer and the seller shall sign a maintenance fund payment agreement. Property buyers should pay the maintenance fund to the selling unit according to the proportion of 2%-3% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income. The collection ratio of maintenance funds shall be determined by the real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 6 of the Measures for the Administration of Special Maintenance Funds for Houses The after-sales maintenance funds for public houses come from two parts: 1. The sales unit shall draw from the sales price according to a certain proportion. In principle, multi-storey houses shall not be less than 20% of the sales price, and high-rise houses shall not be less than 30% of the sales price. This part of the funds belongs to the selling unit. 2. Property buyers shall pay the maintenance fund to the selling unit according to the proportion of 2% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income. The specific measures for the management and use of the after-sales maintenance fund of public housing shall be jointly formulated by the municipal and county financial departments and the real estate administrative departments, and implemented after being reported to the local people's government for approval.
"Measures for the Administration of Residential Special Maintenance Funds" Article 7 Maintenance funds shall be stored in special bank accounts for special purposes. In order to ensure the safety of the maintenance fund, when the maintenance fund is idle, it is strictly forbidden to use it for other purposes except for purchasing government bonds or other scope stipulated by laws and regulations. Maintenance fund households are generally set up according to a single house, and the specific measures are formulated by the municipal and county real estate administrative departments.