Research report on strengthening the grid management of residential property decoration

With the continuous improvement of property management regulations, the legal concept of owners and users has been continuously enhanced, the supervision and management of management departments has been continuously strengthened, and the illegal construction of residential communities has been effectively controlled. However, in some residential quarters, there are still illegal construction of illegal buildings and structures in patios, gardens, balconies, etc., arbitrarily occupying public parts and damaging the load-bearing structure of houses, especially after the residents of some high-end residential areas have experienced serious problems. In the case of illegal construction, if any owner or user arbitrarily builds a sunny house on the housing platform, or even adds, rebuilds, expands, or excavates the basement, it not only seriously damages the overall planning and harmonious environment of the community, but also affects the neighboring owners. The daily life of the user has caused many contradictions and disputes.
I. Main problems in the decoration of residential properties in Huayang area In recent years, with the active second and third-tier real estate market, the secondary decoration in high-end commercial housing has begun to increase, and various violations and illegal constructions have occurred. The importance of the society, from the analysis of the current situation of the premises, has the following characteristics:
The owner completely renovated or remodeled the original house from the inside to the outside, changing the original design style, such as installing the glass curtain wall on the facade of the external wall, re-expanding the load-bearing wall, and building the room in the lower hall, the platform, etc. 10 to 60 M2.
The decorative materials used are relatively advanced and novel. All the renovated houses exceed the original house design standards, and the environmental impact on the community is relatively small, which is basically consistent with the surrounding houses.
The contradiction of the adjacent relationship is not particularly outstanding, and the owners' committee generally does not directly interfere, but only responds to the illegal buildings that are excessively out of scope.
Since the owner's status is relatively special, including some of the overseas owners, the property company is more difficult to directly discourage, fearing that the normal delivery of management fees will be affected.
Based on the above status quo, it is reflected from the property company: It is considered that the punishment of the government management department is not enough. The punishment for the illegal households does not reach the deterrent effect. In addition, due to the arrears of the management fees, it can only be discouraged and cannot prevent the construction. Otherwise, the conflicting property company is very passive.
However, as the owner of the construction, it is considered that: because the design of the house is not reasonable and is old, when the owner of the new house is staying or the original owner is refurbished, the professional decoration design unit is often asked to re-individate the house. The layout, coupled with the economic ability to pay, makes the above-mentioned violations happen from time to time. Due to the demonstration effect, it has a greater impact on other owners and tends to converge.
II. Suggestions for further strengthening the grid management of property decoration. All property management companies should strengthen the guidance and supervision of residential decoration.
1. Strengthening the publicity and guidance of the standard decoration behavior The property management company shall be in accordance with the Regulations on Property Management, the Regulations on the Administration of Residential Property in Shanghai, and the Pre-Property Management Service Contract or the Property Management Service Contract and Residential Use. The Convention or the Owners' Convention stipulates the management duties of the owners' renovated houses, and formulates the "Residential Decoration Notices", equipped with relevant professionals to strengthen the propaganda, guidance and supervision of the owners' renovated houses.
Instruct the property management company to announce the “Residential Decoration Notice” in the property area managed by the property management company. At the same time, the "Residential Decoration Notice" will be delivered to the owner or user of the property management area to be renovated and signed.
2. Strengthening the management requirements before the decoration of the house When the property management company checks in for the owner or the user, it must inform the prohibition of the house decoration that does not damage the load-bearing structure of the house, damage the appearance of the house and illegal construction as stipulated in the Regulations. It is forbidden to knock the chiseled parts and do not arbitrarily place the air conditioner outdoor unit and install anti-theft facilities and other precautions.
Before the owner or the user renovates the house, he is required to inform the property management company in writing of the construction unit, construction period, decoration content, etc., and handle the temporary temporary entry permit for the decoration construction personnel.
The property management company is required to propose rectification suggestions for violation of the residential decoration prohibition in the residential decoration design drawings and construction plans provided by the owner or the user.
In order to strengthen the management of the decoration activities of the construction unit, the property management company may sign the “Residential Decoration Management Agreement” with the residential decoration construction unit.
3. Strengthen the daily inspection and supervision of residential decoration activities. The property management company should clarify that the person in charge is responsible for the guidance, supervision and management of the residential decoration activities. When there is a landlord or user who has already checked in, the owner, user or construction unit of the decoration shall be urged to observe the construction work time. From 18:00 to 8:00 am on the following day and holidays, no knocking, chiseling, sawing, Drilling and other construction that produces severe noise.
When the property management company involves concealed works such as water, electricity, gas and structure in the construction personnel and construction materials and construction stage of the community, daily on-site inspections and inspections shall be strengthened and records shall be made. If violations are found, effective measures shall be taken in a timely manner. Dissuasion, suppression and supervision of corrections.
For owners or users and residential decoration units that damage the building's load-bearing structure, damage the appearance of the house, illegal construction, and refuse to rectify, the property management company shall promptly inform the owners' committee and report to the relevant administrative department for handling according to law. At the same time, the property management company should instruct the construction workers who violated the regulations to stop construction.
4. Strengthening knowledge, law-abiding and compliance awareness Property management companies should urge owners or users to abide by the relevant provisions of the Regulations and comply with the Convention on Residential Use or the Owners' Convention.
Where a property management company signs an agreement with a residential decoration unit, it shall supervise its implementation of the Agreement. After the completion of the residential decoration construction, the property management company shall promptly recover the temporary temporary access permit. For damage to houses and facilities, the property management company shall instruct the responsible person to make repairs in a timely manner.
The property management company may directly bring a civil action to the people's court in accordance with the agreement in the Agreement on the breach of contract by the residential decoration unit.
In the residential quarter where the owners' committee is not established, the owner or the user is dissuaded by illegal decoration. If the invalidation is stopped, the real estate developer or the relevant owner or user may directly file a civil lawsuit with the people's court in accordance with the provisions of the Shanghai Commercial Housing Sales Contract and the Residential Use Convention.
The owners' committee should play a self-governing role. The owners' committee should regularly check the management and service status of the property management company, and urge the owners or users of the residential decoration to abide by relevant regulations and agreements, and timely mediate the adjacent disputes caused by improper decoration. People violate the law to discourage, stop and supervise their rectification.
If the owner or user violates the Owners' Covenant and dissuaes it, the Owner's Committee may file a civil lawsuit with the People's Court.
The district and county housing and land bureaus shall strengthen the administrative law enforcement work procedures of the administrative law enforcement area of ​​the illegally renovated areas. If the property management company fails to perform its statutory management services and obligations, it shall be ordered to make corrections in accordance with the relevant provisions of the Regulations and the Regulations, and may be subject to corresponding fines. If the property management company violates the "Regulations" and "Regulations", the district/county real estate bureau may impose penalties for lowering the qualification level until the qualification certificate is revoked.
The district/county housing and land bureau receives complaints about the illegal decoration of the owner or the user, and shall promptly accept and file the case and go to the site for investigation and evidence collection. If the verification is true, according to the relevant provisions of the "Regulations", it shall be ordered to make corrections within a time limit, and the corresponding fine may be imposed concurrently.