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Measures of Tianjin Municipality for the Administration of Unsafe Housing

新闻日期: 2015-09-07    文章来源:


The People’s Government of Tianjin Municipality  Decree No.14

    The Measures of Tianjin Municipality for the Administration of Unsafe Housing was adopted by the Municipal People’s Government at its 43rd Executive Meeting on December 5, 2014 and is hereby promulgated. These Measures shall go into effect as of March 1. 2015.

                                                         Mayor Huang Xingguo
                                                            December 12, 2014

Measures of Tianjin Municipality for the Administration of Unsafe Housing

Article 1  These Measures are enacted in accordance with the Regulations of Tianjin Municipality on the Administration of Housing Safety and Use and the provisions of pertinent laws and regulations and in the light of the actual condition of this Municipality
Article 2  These Measures shall apply to the assessment, treatment, supervision and management of unsafe housing in areas under the jurisdiction of this Municipality.
For the purpose of these Measures the term “unsafe housing” mentioned means houses legally registered or constructed and handed over for use, whose structure is severely damaged or whose load-bearing parts are classified as unsafe parts inclined to lose structural stability or load-bearing capability at any time, and whose safe use cannot be guaranteed.
Article 3  The Municipal housing competent administrative department shall be in charge of the administration of unsafe housing in this Municipality and of the organization, coordination and supervision of the administration of unsafe housing in this Municipality.
The district and county housing competent administrative departments shall be in charge of the day-to-day work of administration of unsafe housing in their administrative area.
The finance, planning, construction, education, culture, health and sports administrative departments shall, depending on their duties, do a good job in the related work.
Article 4  The owner of the house shall be held responsible for the safe use of his house, and shall conduct regular safety check, maintenance and protection of his house and undertake the responsibility of taking care of the unsafe house.
Article 5  The tenant, borrower and other house user shall use the house safely in accordance with law or the signed contract. When he detects any hidden safety risks in the house in the process of using it, he shall inform the house owner immediately.
Article 6  Where there is the presence of any one of the following conditions the house owner shall entrust the house safety assessment agency with the assessment of the safety of the house to determine its safety condition:
1. Passing the service life as specified in the design of the house;
2. Cracks appearing in the load-bearing structure or the load-bearing structure being deformed;
3. Uneven settlement of foundation;
4. The load-bearing structure is damaged probably resulting from a natural disaster or accident; and
5. Other matters that requires house safety assessment according to law.
Where the house owner fails to entrust a house assessment agency with the house safety assessment as specified in the preceding paragraph, the housing administrative department or other competent administrative departments shall, as required by the needs of public interest, entrust the house safety assessment agency with such assessment.
Article 7  The house safety assessment agency that is set up in accordance with relevant state regulations shall be in charge of the day-to-day work in house safety assessment.
The house safety assessment agency shall, in accordance with related state and the Municipal regulations, norms and standards, inspect, examine, and assess the houses and produce a report on the safety condition of the house in time and be held responsible for the accuracy and truthfulness of the assessment report.
The house safety assessment agency shall, in assessing house safety upon entrustment, charge the fees in accordance with related state and the Municipal regulations.
Article 8  No unit or individual may interfere with the normal house safety assessment, and may not falsify or alter the assessment report on the safety of the house
The house owner may not discontinue the measures that are taken to ensure the safety of the house when the assessment of house safety is underway.
Article 9  Where a house is assessed unsafe by the house safety assessment agency, the agency’s assessment report shall make suggestions as to the ways to treat the house, such as to use it under observation, to use it after treatment, to stop use or to demolish it as a whole. The house safety assessment agency shall inform the person that entrusts the assessment three days after the assessment report is made and inform the district or county house competent administrative department where the house is located. Where risks exist in the house that may lead to its collapse, the house safety assessment agency shall inform the person that entrusts the assessment and report to the department within 24 hours after the assessment report is made.
Article 10  the house owner shall, in the light of the suggestions made by the house safety assessment agency, take the following steps to treat he unsafe house:
1. Where it suggests that a house be used under observation, the owner shall use the house in the time limit indicated in the assessment report;
2. Where it suggests that a house be used after treatment, the owner shall make repairs to the house, consolidate it or take other measures to remove the risks. The house may continue to be used after the risks in the house are removed; and
3. Where it suggests that the house cannot be used any longer and be demolished as a whole, the house owner shall stop using the house and move out of it immediately.
Where the house owner repairs the house as specified by the preceding paragraph, he shall ensure the safety of the neighboring buildings and structures. Where it is absolutely necessary to use the neighboring land and building, the related interested person shall give necessary convenience for the repair.
Article 11  Where a quality defect occurs within the range of guaranteed repair during the guaranteed time for free repair, the unit undertaking the project and the construction unit shall undertake the responsibility for repair in accordance with law and the terms of the contract.
Article 12  The unsafe house may not be rented out or borrowed prior to the removal of the risks in the unsafe house.
Article 13  Where an unsafe house collapses or with the possibility of collapsing, the owner of the house shall take immediate steps to avert  and eradicate the risk and report the case in time to the house competent administrative department of the district or county people’s government where the house is located
    The district or county house competent administrative department shall go to the scene immediately for inspection and report the case of the collapsed or about-to-collapse house to the district or county people’s government and the latter shall arrange for measures to avert and eradicate the risks.
Article 14  Where the house owner or the related department of the government take measures to avert or to eradicate the risks, the user of the house shall render assistance. There it is necessary for him to move out he shall do so accordingly.
Article 15  Where the existence of risks in the unsafe house imposes potential danger to the neighbors or the interested person , the interested person has the right to ask the house owner to take protective measures to ensure safety.
Where the house owner fails to take measures for safety, the interested person has the right to tip off to the housing competent administrative department of the district or county where the house is located and the latter shall handle the tip-off immediately.
Article 16  Where the unsafe house may endanger the communal safety the house owner shall install a conspicuous sign of warning to alert the passers-by and neighboring people for safety. Where it is impossible to remove the risks from the unsafe house the house owner shall take effective precautions for safety.
Article 17  The expenditure for risk treatment of the unsafe house shall be borne by the house owner. Where ownership of an unsafe house belongs separately to different people, the treatment fees for the separate parts shall each be borne by the different owners and that for the communal part shall be shared in accordance with laws and regulations and the stipulations of the administrative rule. Where it is necessary to use the special maintenance fund, it shall be done according to the regulations.
Article 18  Where the low-income families have difficulties in paying the fees for the treatment of unsafe house, they may apply for subsidies for repair and consolidation of the unsafe house and temporary resettlement. The concrete measures for the subsidies shall be worked out separately by the Municipal housing competent administrative department in collaboration with the Municipal finance and civil departments.
Article 19  Where it is necessary to demolish a single detached unsafe house, the owner of the house with legitimate ownership certificate may reconstruct the house that matches the original house in area, size and height.
The reconstruction of the unsafe house shall meet the requirement of the Municipal planning. The nature of land use may not be changed and the time limit of use may not be re-counted or extended.
    Article 20  The reconstruction of the unsafe house shall apply, in accordance with law, for a construction project planning permit and construction permit.
The house competent administrative department may organize the planning, construction and other competent administrative departments for consultation on the matter of reconstruction. Where it is decided to reconstruct the house after consultation the related administrative departments shall undergo related procedures in accordance with law.
Anyone that reconstructs the unsafe house in accordance with these Measures may not pay the accompanying infrastructure fees such as water-, power-, gas- and heat-supply and water discharge. Where the supply volume needs expansion, the fee shall be charged in accordance with related regulations.
Article 21  Where an unsafe house is rebuilt by the house owner or by the unit or individual he entrusts, the reconstruction shall strictly follow the state and Municipal laws and regulations regarding a construction project, and undergo the procedure of registering the house ownership according to law.
Where an unsafe house is owned by two or more units or individuals, the reconstruction shall win the assent of all the owners. Where the house is shared by separate owners, the reconstruction shall win the assent of all the related interested persons in accordance with related laws and regulations.
Article 22  The Municipal housing competent administrative department shall set up an information administration system for citywide house safety, by which to record and update the information regarding the safety of houses.
    The district and county housing competent administrative departments shall keep an archive of unsafe house information, which shall contain, among other things, the owner and user of the house and information concerning the safety assessment of the house.
Article 23  The Municipal housing competent administrative department shall take a census of the citywide houses on a regular basis and the results of the census shall enter the information system of citywide house safety administration
Where an earthquake, flooding, geological disaster or other natural disasters or accidents strikes, the housing competent administrative department shall arrange for house emergency inspections. Where it is stated otherwise in the state and this Municipality’s regulations these regulations shall prevail.
Article 25  The education, culture, public health, and sports competent administrative departments shall regularly urge the owners of the public buildings of schools, kindergartens, hospitals, stadiums and gymnasiums and entertainment venues to conduct house safety inspections
Article 26  The Municipal, district and county people’s governments shall incorporate the expenses for the administration of unsafe houses into the financial budget of the same level to meet the need of supervision and administration of the safety of house use.
Article 27  Where the house safety assessment agency, in violation of these Regulations, produces false assessment reports, the house competent administrative department shall order it to make corrections before a deadline and penalize it by a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Article 28  Where a unit or individual that undertakes the obligation of treating the unsafe house, in violation of the provisions of these Regulations, fails to treat the unsafe house in time, the housing competent administrative department shall order it or him to make corrections before a deadline; where the related unit or individual fails to treat the public buildings of schools, kindergartens, hospitals, stadiums and gymnasiums and entertainment venues at the expiration of the deadline, the department may penalize it or him by a fine of not more than 30,000 yuan.
Article 29  Where a unit or individual that undertakes the rebuilding of the unsafe house, in violation of these Regulations, fails to obtain the construction project planning permit or despite the possession of the construction project planning permit, fails to rebuild the house in accordance with the permit, the urban administrative comprehensive law enforcement agency or the planning competent administrative department shall handle the case in accordance with pertinent laws and regulations.
Article 30  Where the related competent department of unsafe house administration or any of its functionaries neglects its or his duties, resorts to malpractice for personal gains, abuses its or his powers, the related department shall give sanctions to the person for chief responsibility and other responsible persons in accordance with law; where the case is serious enough to constitute a crime it or he shall be investigated for criminal responsibility in accordance with law.
Article 31  Where it is otherwise stated in laws, regulations or rules or the owner and user of the house sign a contract, the house user shall be held responsible for the related responsibilities as laid down in these Measures or as agreed upon in the contract.
Article 32 These Measures may not apply to the administration of unsafe houses in rural areas, which shall abide by the related state and Municipal regulations.
Article 33  These Measures shall go into effect as of March 1, 2015.

 


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