Published: 2022-09-14 22:01:40 Views: 0
There will be detailed instructions for installing elevators in old buildings. The Trial Measures for Adding Elevators to Existing Residential Buildings in Guangzhou (hereinafter referred to as the "Measures"), which was once stalled due to numerous objections, has accepted public opinions and suggestions from the Municipal Legislative Affairs Office since today. This method has made detailed provisions on what conditions should be met for the addition of elevators to existing residences, the source of funds for the addition of elevators, which departments should be examined and approved for the addition of elevators, and the relevant property rights registration issues after the addition of elevators. The method specifies that the installation of elevators in old buildings should be approved by the owners whose exclusive parts account for more than 2/3 of the total building area and more than 2/3 of the total number of people. As for the source of funds, the provident fund can also be used. If citizens have any comments or suggestions, they can submit them to the Municipal Legislative Affairs Office before the 18th of next month.
What conditions are required? The architectural design scheme for installing elevators must be publicized
It is understood that at present, there are about 50000 old buildings without elevators in the old city of Guangzhou alone, of which nearly one million are over 60 years old.
It sounds beautiful to install elevators in old buildings, but due to the difficulties in reaching consensus on the interests of residents between different floors in the actual operation process and cost sharing, the installation of elevators is slow. It is reported that as of July last year, more than 90% of the old buildings in Guangzhou have been approved to install elevators, but only more than 600 buildings have been installed, with the installation rate only around 10%.
The first focus is that high-rise owners support the elevator, while low-level owners oppose it.
In the middle of last year, the news that only 2/3 of the owners agreed to install elevators in Guangzhou caused a huge controversy. In this regard, after demonstration, the method takes into account the reasonable interests of high-rise and low-level owners, and stipulates that the addition of elevators to existing residential buildings should be approved by owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of owners, but if the addition of elevators is intended to occupy the exclusive part of the owner, it should be approved by the owner of the exclusive part. If elevators are added to existing residential units, the total area and the total number of people shall be calculated independently according to the unit.
The method stipulates that the addition of elevators to existing residences should be fully negotiated by all owners. The architectural design scheme for adding elevators shall be publicized within the property management area where the elevators are to be added, and the opinions of all owners shall be consulted. The publicity period shall not be less than 15 days, and the relevant expenses for publicity shall be borne by the applicant.
Who pays the fee? Unit housing maintenance fund can be applied for housing reform
The installation of elevators in old buildings needs to pay high costs and maintenance fees, and it is often difficult to reach an agreement on who will pay for the installation of elevators in old buildings.
In this regard, the Measures specify five sources of funds for adding elevators to existing residences: the owners shall jointly contribute according to a certain proportion based on factors such as the floor they are on, and the proportion shall be determined by the co funded owners through consultation; Housing maintenance fund of the user unit; Use the housing provident fund, housing subsidy or special maintenance fund under the name of the house owner; Contribution from the original ownership unit or the original housing reform and sales unit; Social investment or other legitimate sources of funds.
In fact, in the practice that elevators have been added to existing residences, the main way to raise funds at present is to be jointly funded by the owners or by the original ownership unit or the original housing reform and sales unit. The procedure for using funds is relatively simple, as long as it is agreed by the owners through consultation or by the original ownership unit or the original housing reform and sales unit.
It is understood that the use of personal provident fund and special maintenance fund can be handled according to the Regulations on the Administration of Housing Provident Fund and the Measures for the Administration of Special Maintenance Fund for Residential Buildings. The special maintenance fund used for adding elevators to existing residential buildings shall be disbursed by property service enterprises or relevant owners to the Municipal Housing Safety Management Office in accordance with the Measures for the Administration of Special Maintenance Funds for Residential Buildings and the relevant provisions of this Municipality.
Who will take the lead? Developers can be entrusted to apply for property management
Many owners living in high-rise old buildings hope to use elevators, but the question is, who will take the lead?
In this regard, the Measures stipulate that the owner or the owner's representative can apply, or the owner's committee can apply. If the number of owners applying exceeds 5, no more than 5 owners shall be elected as representatives.
The owner can also entrust housing reform and sales units, original real estate development enterprises, property service enterprises, elevator production and installation enterprises, etc. to apply for adding elevators.
In addition, if the residence to be added with elevators belongs to the housing reform, the original housing reform sales unit can apply; If the original housing reform unit has been closed, bankrupt or cancelled, and its housing maintenance fund has been transferred to its superior competent department for management, it can also be applied for by the superior competent department.
How to approve? Planning permit shall be applied for elevator shaft not reserved
According to the Measures, elevators are added to existing residences. If elevator shafts have been reserved, no construction project planning permit is required. If no elevator shaft is reserved, an application for a construction project planning permit shall be submitted to the competent department of urban and rural planning. If the project investment is less than 300000 yuan, it is not necessary to apply for a construction permit.
If an elevator is installed in an old building without reserved elevator shaft, the applicant must submit application materials according to the provisions of the Measures. After the competent department of urban and rural planning has examined and approved the architectural design scheme and replied to it, it shall organize the public announcement before approval. The pre approval publicity shall be conducted simultaneously at the project site where the elevator is to be added and the "Planning Online" website of the Municipal Planning Bureau.
According to the Measures, after the completion of the pre approval publicity, the applicant shall apply to the competent urban and rural planning department for the construction project planning license for adding elevators within the specified time, and start the construction within the validity period of the construction project planning license.
If the applicant is a unit, it shall submit the Organization Code Certificate of the People's Republic of China or other valid certification documents; If the applicant is an owner, the identity certificate of the owner, the identity certificate of the owner's representative or the certification materials of the owner's committee shall be submitted. If an agent is entrusted to file an application on his behalf, he shall also submit the agent's identity certificate and the power of attorney.
The Measures also stipulate that the owners whose exclusive part accounts for more than two-thirds of the total area of the building (unit) and more than two-thirds of the total number of owners agree to add elevators and agree to the written opinions of the architectural design plan submitted for approval, and attach a copy of the house property certificate of the owner who agrees to add elevators.
After the elevator is installed, the property right registration will change, which will affect the transaction. According to the Measures, if it is necessary to carry out property surveying and mapping for the newly increased building area due to the addition of elevators in existing residential buildings, the property surveying and mapping unit shall be entrusted to do so. Where the public housing has been purchased and the elevators have been added by the original ownership unit, the original ownership unit shall be entrusted to do so; If the owners of residential houses jointly contribute to the addition of elevators, the owners of residential houses shall jointly entrust them.
Where the results of house property surveying and mapping are used for the registration of house property rights, the house property rights registration authority shall review the surveying and mapping results in accordance with relevant provisions.
Among them, if a public housing has been purchased and an elevator has been added at the expense of the original ownership unit, and if the area of the additional elevator ownership needs to be shared by households, the housing reform housing that has purchased a shared area will be subject to the registration of real estate change according to the area shared by households; For the housing reform houses that have not purchased the shared area, in accordance with the provisions on the listing of purchased public housing, a supplementary payment for the purchase of the shared area shall be made at the time of listing.