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(Promulgated on December 26, 1995 by Decree No. 21 of the
Shanghai Municipal People' s Government Revised and Re-promulgated on December
14, 1997 According to Decree No. 53 of the Shanghai Municipal People' s
Government Revised and Re-promulgated on December 27, 2002
According to
the "Decision of Shanghai Municipal People' s Government on Revision of
the 'Procedures of Shanghai Municipality on
the Administration of All Necessary
Accessory Constructions of Newly Built Residences and Making Newly Built
Residences Available
to Users' " )
Article 1 (Purposes of Formulation)
These Procedures are formulated in
order to strengthen the administration of all necessary accessory constructions
of newly built
residences and making newly built residences available to users,
and safeguard the residents' basic living conditions after they
move
in.
Article 2 (Scope of Application)
These Procedures shall apply to the
administration of all necessary accessory constructions of newly built
residences and making
newly built residences available to users in the limits of
this Municipality, with the exception of personal housing built by individual
persons.
Article 3 (Basic Principle and Requirements)
According to the
principle of "the developer being responsible for providing the residence with
all necessary accessory constructions"
, newly built residences shall be
completed with public works, public utilities and public building facilities to
meet the basic
living conditions of residents who move in, in accordance with
the requirements of the planning, design and the plan of investment,
construction work, and all necessary accessory facilities of residential
construction upon completion of the residences.
Newly built residences may be
made available to users only after passing examination and obtaining the "Permit
of Residence Made
Available to Users" .
Article 4 (Competent Administrative
Department and Coordinating Administrative Department)
The Shanghai Municipal
Bureau of Residence Development (hereinafter referred to as MBRD) is responsible
for the comprehensive coordination
of accessory constructions of newly built
residences and supervision and administration of making newly built residences
available
to users in this Municipality. The district/county administrative
departments of residence construction shall, according to their
limits of
authority, take specific charge of urged implementation and supervision and
administration of accessory constructions
of newly built residences and making
newly built residences available to users in their respective administrative
areas.
Administrative departments of all levels of development plan,
planning, housing and land, public works, public utilities, power,
environmental
sanitation, environmental protection, water affairs, industry and commerce,
public security, finance and trade, posts
and telecommunications, education,
public health, civil affairs and public parks shall, according to their
respective duties, cooperate
with administrative departments of residence in
implementing these Procedures.
Article 5 (Drawing up Plans for Residences
Completed with All Necessary Accessory Facilities)
The plans for residences
completed with all necessary accessory facilities of this Municipality shall be
coordinated with the plans
for residence construction investment and
construction work. The plans for residences completed with all necessary
accessory facilities
of this Municipality shall be drawn up by the MBRD jointly
with relevant departments and shall be reported to the Shanghai Municipal
Construction Commission for the record.
Article 6 (Planning Management of
Projects of All Necessary Accessory Facilities)
The municipal, district and
county planning administrative departments shall, jointly with administrative
departments of residence
construction, ensure the necessary accessory projects
of public works, public utilities and public building facilities according
to
the requirements of the detailed planning of newly built residences, and urge
the residence construction unit to conduct construction
as required by the
planning.
Article 7 (Implementation of Plans for Residences Completed with
All Necessary Accessory Facilities)
The MBRD shall pass down the plans for
residences completed with all necessary accessory facilities for concrete
implem0entation
to the residence construction unit and the public works and
public utility units responsible for all the necessary accessory
facilities.
The residence construction unit and the public works and public
utility units responsible for all the necessary accessory facilities
shall,
according to the plans for residences completed with all necessary accessory
facilities, sign contracts of residences completed
with all necessary accessory
facilities, ascertain the responsibility for the provisions of all necessary
public works and public
utility facilities.
Where the facilities of public
building are incorporated in the plan for residences completed with all
necessary accessory facilities,
the residence construction unit shall conduct
construction according to the plan, and accept supervision by the administrative
departments of residence construction.
Where two or more residence
construction units jointly develop one and same residence project, the
responsibilities of all parties
concerned to the project for construction of all
necessary accessory facilities shall be specified in the co-development
contract.
All relevant competent administrative departments shall render
active cooperation in the implementation of the plan for residences
completed
with all necessary accessory facilities.
Article 8 (Application for
Examination of Making Newly Built residences Available to Users)
Upon
completion of newly built residences and passage of acceptance tests by relevant
departments, the residence construction unit
shall submit an application to the
MBRD or the district or county administrative department of residence
construction for examination
of the residences that are made available to
users.
When going through the formalities of application for examination of
newly built residences that are made available to users, the
applicants shall
submit the following documents and materials:
(1) Application form for
examination;
(2) Documents of incorporating the newly built residences into
this Municipality' s plan for residence construction investment, construction
work and all necessary accessory facilities upon completion;
(3) Permit of
construction project planning;
(4) Certified documents of acceptance tests
upon completion of residences and public building facilities;
(5)
Certification of the completion of all necessary public works and public
utilities;
(6) Other relevant documents and materials.
Article 9 (Organ
for Examination of Newly Built Residences that Are Made Available to
Users)
Where newly built residences on construction-use land approved by the
Municipal People' s Government are made available to users,
the MBRD shall
organize the examination.
Where newly built residences on construction-use
land approved by the district or county people' s government are made available
to users, the district or county administrative department of residence
construction shall organize the examination.
Article 10 (Examination
Procedure for Making Residences Available to Users)
The MBRD or the district
or county administrative department of residence construction shall, within 30
days from accepting the
application for examination of newly built residences
that are made available to users, make an overall check on the situation of
all
necessary accessory facilities of newly built residences and raise opinions on
examination.
After examination, the qualified newly built residences shall
each have the "Permit of Residence Made Available to Users" by the
examination
organ.
The "Permit of Residence Made Available to Users" shall be printed in a
uniform way by the MBRD.
Article 11 (Requirements for Making Newly Built
Residences Available to Users)
Newly built residences shall meet the
following requirements before being made available to users.
(1) Domestic
water in residences shall be incorporated into the urban and rural tap water
pipe network. The use of underground water
shall be examined and approved by the
municipal public utility administrative department.
(2) Residential
electricity shall be incorporated into the urban power supply network based on
the power supply scheme of the power
department and shall not use electricity
for temporary construction work or other electricity that does not meet
requirements.
(3) Residential discharge of rain and sewage shall be
incorporated into the permanent urban and rural rain and sewage drainage system.
Where, limited by objective conditions, such incorporation can not be done for
the moment, temporary drainage measures may be taken
in a prescribed time period
with an implementation plan examined and approved by the competent municipal
authorities, and agreed
upon by the environmental protection and water affairs
departments.
(4) Where there is gas pipe network on the peripheral and
adjacent roads in residential areas, the laying of gas pipes inside and
outside
residences and the link-up of outdoor gas pipelines shall be completed. Where
there is no gas pipe network on the peripheral
and adjacent roads in residential
areas, the laying of gas pipes inside residences shall be completed and the
construction unit
shall be responsible for arranging the gas supply
channel.
(5) In residential areas, telephone communication lines shall be
completed and the cable TV cables shall be laid to each household,
among them,
in residential areas of key city areas and high-grade residential areas beyond
key city areas, there shall be above
5-class (5-class inclusive) data line
broadband data transmission information port laid to each household.
(6)
There shall be through roads connecting residences with outside communication
trunk lines.
(7) In residential areas and residential sub-areas, bus stops
shall be set up and bus lines shall be opened according to the planned
requirements. Where it is more than two kilometers from residential areas that
have not been completed for the time being to the
bus stops and subway stations,
the construction units shall have short-distance transport vehicles of their own
running to the
bus stops and subway stations.
(8) In areas where residences
are located, public building facilities of education, medical care,
environmental sanitation, posts
and telecommunications, commercial services,
community services and administrative management shall be constructed as
auxiliary
in accordance with the requirements of planning. Where, affected by
the construction period of residential projects, such facilities
have for the
moment not been built yet, there shall be public building facilities in adjacent
areas available for transitional
use.
(9) The positions for air-conditioning
outer sets and condensed water outlets shall be reserved according to this
Municipality'
s residential design standard.
(10) The accessory greening
construction in residential areas shall be completed.
(11) There shall be
clean ground and level roads surrounding residences and obviously effective
measures of isolation from construction
sites.
Article 12 (Supervision over
Examination and Issuance of Permits)
The MBRD shall exercise supervision over
the situation of the district or county residence construction administrative
department'
s examination of making newly built residences available to users and
issuance of permits, and shall fix a certain proportion of
selective examination
or re-examination to be conducted every year.
Article 13 (Restrictive
Measures)
Non-commercial newly built residences without the "Permit of
Residence Made Available to Users" shall not be allotted.
For commercial newly
built residences without the "Permit of Residence Made Available to Users" , the
administrative department
of housing and land shall not process the formalities
of commodity house registration.
For newly built residences without
the "Permit of Residence Made Available to Users" , the public security department
shall not
process the formalities of permanent residence
registration.
Article 14 (Administrative Punishment)
Any construction unit
that, in violation of these Procedures, makes newly built residences available
to users without authorization
shall be punished by the MBRD or the district or
county residence construction administrative department according to the
following
provisions:
(1) Those who fail to go through the required
formalities of application for examination of newly built residences that meet
the
requirements for being made available to users with the residence
construction administrative department shall be ordered to go
through
retroactive formalities within a prescribed time period; anyone who fails to go
through retroactive formalities before
the deadline, the residence construction
administrative department may impose on him/her a fine of between not less than
2,000
yuan and not more than 10,000 yuan.
(2) Where newly built residences
fail to be incorporated in the plan for residences completed with all necessary
accessory facilities
as required and fail to be completed with facilities of
public works and public utilities as required, or fail to be completed with
facilities of public works and public utilities according to the plan for
residences completed with all necessary accessory facilities,
retroactive
construction within a prescribed time period, and their suspended availability
to users shall be ordered. Where the
retroactive construction fails to be done
before the deadline, the residence construction administrative department may
organize
relevant departments to take measures of such construction for them,
with the residence construction unit bearing the cost and paying
additional 10
per cent of the cost as administrative fees to the residence construction
administrative department. Where retroactive
construction fails to be done
before the deadline, or the newly built residences are made available to the
users without authorization
during the retroactive construction period, the
residence construction administrative department may cumulatively impose a fine
equivalent to 5 per cent to 10 per cent of fees for construction of all
necessary accessory facilities of residence according to
the floor area of
residence made available to users without authorization, but the maximum fine
shall not exceed 30,000 yuan.
(3) Where newly built residences fail to be
completed with public building facilities as required, retroactive construction
within
a prescribed time period and suspended availability to users shall be
ordered. Where retroactive construction fails to be done before
the deadline,
residences with appropriate building area shall be requisitioned as compensation
for failure to have public building
facilities completed, and the relevant
departments shall arrange for the appropriate public building facilities. Where
there is
no way to conduct the retroactive construction within a prescribed time
period, or the residences are made available to users without
authorization
during the retroactive construction period, a fine equivalent to 5 per cent to
10 per cent of fees for all necessary
accessory facilities of residence
construction according to corresponding area of pubic building facilities shall
be imposed, but
the maximum fine shall not exceed 30,000 yuan.
The residence
construction units that, in violation of these Procedures, make newly built
residences available to users without
authorization, and with serious cases, if
they have the qualification of real estate development and business operation,
shall
have the qualification of real estate development and business operation
lowered by the housing and land administrative department.
In respect of other
residence construction units, the persons in direct charge shall be given
administrative sanctions by their
competent higher authorities.
Article 15
(Civil Liability)
The residence construction unit that makes newly built
residences available to users without authorization, and thus causes residents
who move in to have difficulties in basic living shall bear corresponding civil
liability for compensation.
The units providing necessary pubic works and
public utility facilities and the residence construction units that fail to
complete
the construction of the necessary accessory facilities as stipulated in
the contract of residence completed with all necessary accessory
facilities
shall bear corresponding civil liability for compensation as agreed on in the
contract.
Article 16 (Liability of Residence Construction Administrative
Department)
The residence construction administrative department that fails
to exercise supervision and administration on newly built residences
that are
made available to users in accordance with the provisions, and thus causes the
residents who move in to have difficulties
in basic living, shall timely remove
the impacts. If direct economic loss is caused, compensation shall be made
according to law.
The persons held directly liable for economic loss shall be
given administrative sanctions and be ordered to pay economic reimbursement
by
their work unit or competent higher authorities.
Article 17 (Social
Supervision)
Any unit or resident that finds out the newly built residences
made available to users failing to comply with the requirements for
making such
residences available to users provided in these Procedures, shall have the right
to report to the residence construction
administrative department and may also
bring a civil lawsuit according to relevant provisions of the State
law.
Article 18 (Administrative Reconsideration and Lawsuit)
If the party
concerned does not agree with the specific administrative act made by the
administrative department, may apply for
administrative reconsideration, or
bring an administrative lawsuit according to the "Law of the People' s Republic of
China on
Administrative Reconsideration" and the "Administrative Litigation Law of
the People' s Republic of China" .
If the party concerned does not apply for
reconsideration, nor brings a lawsuit, nor performs the specific administrative
act within
the prescribed time limit, the administrative department that made
the specific administrative act may apply to the people' s court
for enforcement
according to the "Administrative Litigation Law of the People' s Republic of
China" .
Article 19 (Department Responsible for Interpretation in
Application)
The MBRD shall be responsible for interpretation of these
Procedures in their specific application.
Article 20 (Effective
Date)
These Procedures shall become effective on January 1,
1996.
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