Administrative Regulations of Tianjin Municipality on Safety Use of Houses

(Adopted at the 32nd Session of the Standing Committee of the 14th Tianjin Municipal People’s Congress on 7 November 2006)

Chapter I General Provisions

Article 1 These Regulations are enacted in accordance with pertinent State laws and regulations and in the light of the actual conditions of this Municipality with the purpose of strengthening administration of safety use of houses, maintaining public interests and guaranteeing life and property safety of citizens, legal persons and other organizations.

Article 2 These Regulations apply to safety use of houses already constructed and delivered for use and related administrative activities in areas within the jurisdiction of this Municipality excluding the houses built by villagers on their hoesteads.

Article 3 The user of houses shall uphold the principle of legal use, regular checks, timely maintenance and insured safety.

Article 4 The Municipal Land and Resources and Housing Administrative Bureau is the administrative department of safety use of houses and is in charge of organizing the implementation of these Regulations.

The district and county realty and housing administrative bureaus are the administrative departments for safety use of houses within their respective administrative areas and are placed under the professional guidance of the Municipal Land and Resources and Housing Administrative Bureau.

Departments of planning, construction administration, city landscape, environmental protection, industry and commerce administration, public security, people’s air-raid defence, seismic, production safety supervision and other pertinent administrative departments shall do a good job in assisting administration of safety use of houses within their duties and responsibilities respectively.

Chapter II House Use

Article 5 The owner and user of houses shall use the house legally, and guarantee the integrity, seismic protection and structural safety. The following acts are strictly forbidden in the use of houses.

(1) Decorating or storing goods on floorboard, balcony, terrace or roof beyond their bearing capability; installing separating walls indoors that weigh more than the bearing capability;

(2) Adding doors or windows, demolishing or altering doors and windows on the façade of the house or enlarging the size of the original doors and windows;

(3) Converting part of the residential houses within an apartment building into places of production, eatery, recreation or bathing;

(4) Dismantling and altering the houses in the apartment buildings or vertical weight bearing structures of non-residence connecting the houses such as the basement, wall, beam, pillar and floor board; and

(5) Other acts that endanger safety of houses.

Article 6 Whoever intends to install outdoors advertisements or equipment that involves dismantling or changing the house structure or increasing weight bearing load shall commission the house security assessment agency to conduct assessment. Where consolidation is required according to the assessment, the original house designing unit or the designing unit with corresponding qualifications shall put forward a consolidation plan in compliance with the assessment report and the house shall be consolidated before the outdoors advertisements and equipment are installed.

Article 7 Where a house owner or user needs to alter the use of the whole apartment buildings, he shall file his needs for the record at the district or county administrative department for safety of house use and also submit the following documents:

(1) The approval made by the administrative department for planning;

(2) House owners shall submit the certificate for realty ownership and the renter of a house the house leasing contract and the consent of the house owner for altering the use of the house;

(3) The assessment report on safety of the house; and

(4) Regarding houses located in areas characterized by historical and architectural significance under special protection, one shall also produce the document of examination and approval by the administrative department for protecting houses of historical and architectural significance.

The house owner, after filing the document for the record shall undergo formalities for alteration at the district or county house ownership registration agency where the house is located.

Chapter III Decoration and Furnishing of Houses

Article 8 The house owner or user that decorates or furnishes the house shall ensure safety of the house and shall not obstruct the use and repair of the communal parts, installations and equipment.

The dangerous house shall not be decorated and furnished until measures are taken to make it safe.

Article 9 Where a house owner or user decorates or furnishes a house he shall inform the following house management and service units:

(1) Where realty administration is in place, inform the realty administrative service business; and

(2) Where realty administration is not existent, inform the house owner or other managers and operators.

The house management and service unit shall inform the house owner, user or decorating enterprise that is about to decorate the house of the points for attention and of forbidden acts concerning house decoration.

Article 10 Where anyone decorates or furnishes non-residence houses or alters house structure or increases the weight bearing load the house owner or user shall entrust the house safety assessment agency with the responisibility of making an assessment. Where the assessment requires consolidation, the original housing design unit or other design unit with corresponding qualifications shall, in accordance with the assessment report, put forward a consolidation plan and decorating operation shall not start until the consolidation is completed.

Article 11 The house management and service unit shall conduct on-the-spot inspection of decorating and furnishing projects. Where the project goes against these Regulations and pertinent rules the department shall timely persuade the person concerned to stop operation and make corrections. Where the person concerned refuses to make corrections, the unit shall report to the district or county administrative department for safety of house use where the said house is located and the department shall, upon receiving the report, make check-ups and handle the matter in a timely manner.

Every unit or individual has the right to accuse and report on anyone that decorates and furnishes houses in violation of these Regulations. The administrative department for safety of house use where the said house is located shall, upon receiving the report, make timely check-ups and handle the matter immediately.

Whoever, in violation of these Regulations and other pertinent rules, causes damage to others shall bear the responsibility of compensation.

Chapter IV House Decoration

Article 12 The house owner shall bear the responsibility of mending the house. Where it is otherwise stated in laws, regulations or rules or it is otherwise agreed to by the parties concerned, the responsibility of mending houses shall be borne according to the above-mentioned regulations or the agreement.

Article 13 Where it is necessary to work directly on houses due to water, power, gas, heat supply or drainage, telecommunications and forestation projects, the department concerned shall inform the house owner or user in writing of the work plan. Where damage is caused by the project, the specialized operating unit that implements the project shall be held responsible for mending the house.

Article 14 The responsible person for house mending shall conduct regular check-ups upon the house to detect damages and make timely repair in order to ensure safety of the house structures and normal use of the installations and equipment.

Article 15 The renter and manger of the public-owned houses shall, in accordance with pertinent regulations, deduct from the rents a house mending fund to be used specially in house mending and this fund shall not be put to use for other purposes.

The mending fund for the communal parts and equipment of commercial housing, and for sold houses under public ownership shall, in accordance with pertinent Municipal regulations, be deducted from the mending fund paid by the relevant parties.

Article 16 In case of renovation and large scale repair, the responsible person for the mending operation shall commission a supervision unit to conduct supervision over the quality of the repair operation.

When the repair operation is completed, the responsible person for the mending operation shall organize pertinent units to conduct an acceptance check-up.

Article 17 Where repair is made at the communal parts, installations and equipment, the concerned house owners and users shall assist and must not obstruct or reject the repair.

Where damage is caused by the mending operation to the decorations and furnishings in the house, the responsible person for the mending operation shall restore the damaged part back to normal or give a reasonable compensation to the house owner or renter.

Chapter V Assessment of House Safety

Chapter 18 The assessment agency for house safety set up in accordance with pertinent regulations is in charge of the specific work regarding house safety assessment.

Article 19 Where a natural disaster or explosion or fire makes a house unsafe, the house safety assessment agency shall make an emergency inspection on the spot for the purpose of providing grounds for the government to handle the accident. Where the pertinent house owner commissions a house safety assessment agency to assess safety of the house and it is determined upon assessment that no threat is imposed to the house safety, the house may continue to be used.

Article 20 Where drilling of pillars, constructing of underground buildings or structures that may impose threat to the safety of the neighbouring houses in the construction area, the unit undertaking the project shall take safety precautions. Where damage is cause to the neighbouring houses in the construction area, the unit undertaking the project shall restore the damaged part back to normal or give compensation and commission a house safety assessment agency to conduct an assessment on the safety in using the houses. The houses may continue to be used only after the assessment determines that no threat is imposed to the safety in using the houses.

Article 21 The house owner shall commission a house safety assessment agency to assess the safety of the houses that overreach the use life. They may continue to be used only after the assessment determines that no hidden threat is imposed to the safe use of the houses.

Article 22 The house safety assessment agency shall, upon accepting the commission of the house owner, user or other interested parties for assessing the safety of houses, conduct inspection, check-up and assessment of the said house in accordance with pertinent State and Municipal regulations, norms and standards, produce an assessment report and have it stamped with a special seal for house safety. The house assessment agency shall bear responsibility for the assessment report it produces.

Article 23 House safety assessment shall involve two or more assessors and related units or individuals shall assist in the assessing efforts for house safety.

Article 24 The house assessing agency shall collect house safety assessment fees in accordance with the standards certified by the pricing administrative department.

Chapter VI Handling of Dangerous Houses

Article 25 Where a house is determined as dangerous through assessment the house safety assessment agency shall timely inform the assessment commissioner and report to the administrative department for safety of house use.

Article 26 Where a house is determined as dangerous the house owner, user or other responsible persons shall act in accordance with the following conditions:

(1) The house may continue to be used after due technical measures to ensure safety are taken and the danger is removed;

(2) The house may continue to be used under surveillance after due technical measure are taken to ensure safety and make the house fit for a short term use;

(3) The house that has no value for repair, is inconvenient to demolish for the time being, and imposes no danger to the neighbouring buildings or others shall discontinue to be used; and

(4) The house that has no value for repair and imposes danger to the neighbouring buildings or others shall be demolished immediately.

Article 27 Where neighbouring houses owned by different persons are determined as dangerous houses due to natural wear and tear, the house owners shall take joint efforts to eradicate the danger. The expenditure thus incurred shall be shared by the owners depending on the construction area that each party owns.

Article 28 Where the house user is required to evacuate temporarily from a house determined through assessment as dangerous, the house owner shall inform the user and ask him to evacuate timely and arrange a safe temporary residence for the user. The administrative department for safety of house use shall urge the house owner to make the evacuation. Where the house user refuses to evacuate the district or county people’s government shall organize the evacuation.

Article 29 Where a house collapses, the house owner, user and the house management and service unit shall make rescue efforts immediately and report to the competent district or county administrative department where the house is located. The district or county people’s government shall organize pertinent departments for the rescue operation.

Chapter VII Legal Responsibilities

Article 30 Where anyone uses houses in violation of Item (2) of Article 5 of these Regulations, the administrative department for safety of house use shall order him to make corrections. Where he refuses to make corrections at the expiration of the valid period of time, the department shall apply to the people’s court for forced execution. The expenditure thus incurred shall be borne by the person held responsible and he shall be penalized by the following fines:

(1) A fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed on anyone that violates Item (1);

(2) A fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed on anyone that violates Item (2);

(3) A fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed on anyone that violates Item (3); and

(4) A fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed on anyone that violates Item (4).

Article 31 Where anyone conducts house decorating or furnishing in violation of Item (2) of Article 8 of these Regulations, the administrative department for safety of house use shall order him to stop the irregularities and may impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.

Article 32 Where anyone fails to conduct house safety assessment in violation of Articles 6, 10 and 20 of these Regulations, the administrative department for safety of house use shall order him to do so within a definite period of time. Where he refuses to conduct house safety assessment when the valid period of time expires, the department concerned shall impose on him a fine of the not less than 10,000 yuan but not more than 30,000 yuan and the administrative department for safety of house use shall organize the house safety assessment agency for a safety assessment and the expenditure thus incurred shall be borne by the party concerned. Where anyone continues to work on the project or use the house after the assessment determines that the operation may endanger the safety of the house, the administrative department for safety of house use shall order him to make corrections within a definite period of time and penalize him with a fine of not less than 30,000 yuan but not more than 100,000 yuan.

Article 33 The administrative department for safety of house use shall order immediate cessation of illegal demolishing, decorating or furnishing of houses and may impound temporarily the equipment, tools and materials in use and shall return them to the owner when the irregularities are corrected.

Article 34 Where the house safety assessment agency or assessors fail to conduct assessment of house safety in accordance with these Regulations, the administrative department for safety of house use shall order the pertinent parties or individuals to make corrections within a definite period of time. Where it or he fails to make corrections when the valid period of time expires, the house assessment agency shall be penalized with a fine of not less than 10,000 yuan but not more than 50,000 yuan and the person held responsible shall be penalized with a fine of not less than 1,000 yuan but not more than 10,000 yuan.

Article 35 Where a party refuses to accept the administrative sanction imposed by the administrative department for safety of house use, he may apply for an administrative review or brings a lawsuit to the people’s court in accordance with the law. Where he neither applies for an administrative review nor brings a lawsuit nor implements the administrative penalty decision the organ that makes the penalty decision shall apply to the people’s court for forced execution.

Article 36 Where the functionaries of the administrative department for safety of house use neglect their duties, resort to malpractice for personal gains or abuse their powers, the unit they belong to or the competent department of the next higher level shall impose on them an administrative sanction. Where the offence is serious enough to constitute a crime they shall be investigated for criminal responsibilities according to the law.

Chapter VIII Supplementary Provisions

Article 37 The term ‘dangerous house’ mentioned in these Regulations refers to houses seriously damaged in structure or to houses whose weight bearing parts are determined as risky and they tend to lose steadiness or capability of bearing the weight at any time and safety of their use cannot be guaranteed.

Article 38 These Regulations shall go into effect as from 1 January 2007 and the Administrative Regulations of Tianjin Municipality on House Safety and Use promulgated by the Municipal People’s Government on 30 June 2004 shall be abrogated simultaneously.