Article 13 of the Measures for the Administration of Residential Special Maintenance Funds: If the first phase of residential special maintenance funds is not deposited in accordance with the provisions of these Measures, the development and construction unit or the public housing sale unit shall not deliver the house to the purchaser.
Article 6 The owners of the following properties shall deposit special residential maintenance funds in accordance with the provisions of these Measures:
(a) residence, except that it is jointly owned by the owners and does not use parts and facilities with other properties;
(2) Non-residential buildings in residential quarters or non-residential buildings connected with single residential structures outside residential quarters.
If the property listed in the preceding paragraph belongs to the sale of public housing, the selling unit shall deposit special housing maintenance funds in accordance with the provisions of these measures.
Second, how to pay the proportion of housing maintenance fund?
According to Decree No.2004 of Ministry of Construction and Ministry of Finance. 165 "measures for the administration of residential special maintenance funds" [2]:
1. The owners of commercial housing and non-residential housing shall deposit special housing maintenance funds according to the construction area of their own property, and the amount of the first special housing maintenance funds deposited per square meter of construction area is 5% to 8% of the local housing construction and installation project cost per square meter.
The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall, according to local conditions, reasonably determine and announce the amount of the first-phase residential special maintenance fund deposited per square meter of construction area, and make timely adjustments.
2, the sale of public housing, residential special maintenance funds deposited in accordance with the following provisions:
(1) The owner shall deposit the special maintenance fund for the house according to the construction area of the property he owns, and the amount of the first special maintenance fund for the house per square meter of construction area shall be 2% of the local housing reform cost price.
(two) units selling houses shall, in accordance with the proportion of not less than 20% of multi-storey houses and not less than 30% of high-rise houses, draw a one-time special maintenance fund for houses from the sales funds.
Three, under what circumstances can I use the housing maintenance fund?
The housing maintenance fund is used for large and medium-sized repair and renovation projects of the main structure, public parts and public facilities and equipment of the house after the warranty period expires.
The main load-bearing structures of houses include foundation, internal and external load-bearing walls, columns, beams, floors and roofs. Public parts refer to outdoor walls, hallways, stairwells, corridors, etc. Public facilities and equipment refer to water supply and drainage pipelines and equipment, distribution cables and equipment, elevators, public lighting, fire-fighting facilities, green spaces, roads, ditches, non-operating parking garages, public cultural and sports facilities and other facilities and equipment owned and used by the owner. The maintenance fund is managed by the Housing Authority, and the application process is complicated.
Four, the establishment of housing maintenance fund
The Measures for the Administration of Residential Special Maintenance Funds stipulates that residential special maintenance funds are applicable to load-bearing walls, roofs, staircases and elevators. However, the "Measures" stipulate that if the maintenance fund is to be used, it must follow the "double two-thirds special majority principle", that is, the owners who account for more than two-thirds of the total construction area and more than two-thirds of the total number of people discuss and pass the use plan.
According to the "Measures for the Administration of Special Maintenance Funds for Residential Buildings", the use of special maintenance funds for residential buildings will ultimately be filed and approved by the real estate administrative department or the corresponding management department. Owners should successively apply to the relevant housing authority, housing safety appraisal department, audit bureau, specialized banks and other departments for professional appraisal of housing safety, audit the budget and final accounts of maintenance plans, hire construction units to maintain construction, and apply for funds allocated by specialized banks.
To sum up, the housing maintenance fund is the cost of housing maintenance. This fee is generally paid by every owner. If you don't give yourself a certificate, you can't handle it, so you can't get legal protection. Therefore, the two sides must make it clear when negotiating to avoid conflicts.