Several Provisions of Beijing Municipality on House Lease Administration
Decree of Beijing Municipal People's Government
(No. 194)
The Several Provisions of Beijing Municipality on House Lease Administration, adopted at the 60th Meeting of the Beijing Municipal People's Government on February 1, 2007, are hereby promulgated and shall be effective as of January 1, 2008.
Mayor: Wang Qishan
November 3, 2007
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II LEASE REGISTRATION
CHAPTER III ADMINISTRATION STANDARDS
CHAPTER IV SUPERVISION AND EXAMINATION
CHAPTER V LEGAL LIABILITY
CHAPTER VI SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1 These Provisions are formulated in accordance with relevant laws and regulations by taking into account the particular situations of this Municipality for the purpose of strengthening house lease administration, maintaining the social order and protecting the lawful rights and interests of the parties of lease.
Article 2 Leases of residential and non-residential houses within the administrative region of this Municipality to others for dwelling shall be governed in accordance with these Provisions.
Article 3 The principle of combining exercise of administration with provision of services shall be adhered to in house lease administration, in which the system of territorial jurisdiction shall be implemented.
Article 4 The people's governments at all levels in this Municipality shall strengthen their leadership over house lease administration and set up house lease administrative agencies. The house lease administrative agencies shall be specifically responsible for such comprehensive work as organization, guidance, coordination and supervision of house lease administration.
The public security organs shall be responsible for the administration of public security and fire prevention of leased houses as well as the administration of household registration of the parties of lease.
The administrative departments for construction (housing) shall be responsible for the supervision over and administration of the house lease market and the safety of constructional structures of leased houses as well as the industrial administration of real estate broking industry.
The administrative departments for industry and commerce shall be responsible for the comprehensive supervision over and administration of brokerage activities, and for the investigation into and punishment of such illegal business activities as engaging in unlicensed business activities by making use of a leased house.
The administrative departments for civil air defense shall be responsible for the lease and administration of civil air defense projects.
The administrative departments for public health, population and family planning, planning, taxation, national security, comprehensive law enforcement in urban administration, and so on shall bring success to the work of house lease administration in accordance with their respective duties.
Article 5 The district and county people's governments shall set up grass-roots administration and service stations in communities and villages for house lease administration and service (hereinafter referred to as the grass-roots administration and service stations) and ensure the funds and offices needed in their work.
Article 6 Residents committees, villagers committees and other grass-roots organizations shall assist the administrative departments concerned to bring success to the work of house lease administration and urge leasers and leasees to consciously abide by the regulations of the State and this Municipality on house lease administration.
Residents committees and villagers committees may, in light of actual local conditions, make arrangements for residents and villagers to make conventions on house lease management so as to carry out self-management of house lease.
CHAPTER II LEASE REGISTRATION
Article 7 This Municipality adopts the system of house lease registration. No fees shall be collected for house lease registration.
Article 8 The leaser shall, within seven days from the date of conclusion of the house lease contract with the leasee, go through the house lease registration formalities with the grass-roots administration and service station of the place where the house is located and report the following particulars:
(1) the names or titles of the leaser and the leasee, the types and numbers of their certificates and the places of their domiciles; the names of the actual dwellers, the types and numbers of their certificates, and their registered permanent residences;
(2) the basic information about the leased house, the rent and the term of the lease;
(3) the house ownership certificate or the paper certifying the source of the house; and
(4) other contents required by this Municipality.
Article 9 Where the house lease contract is modified or terminated, the leaser shall, within five days from the date of modification or termination, go through the formalities of modification or cancellation of registration with the grass-roots administration and service station of the place where the house is located.
Where the dweller changes within the valid period of the house lease contract, the leaser shall, within two days from the date of change, notify the grass-roots administration and service station and go through the formalities of change of registration.
Article 10 When offering breakage services of house lease, the real estate brokerage institution shall notify the parties of lease in writing to go through the house lease registration formalities with the grass-roots administration and service station of the place where the house is located; if offering agency services of house lease, the real estate brokerage institution shall go through the registration, modification and cancellation formalities in accordance with Article 8 and paragraph one of Article 9 of these Provisions.
Article 11 A grass-roots administration and service station shall offer the following services to the parties who go through house lease registration formalities:
(1) making publicity of relevant provisions on house lease administration and the knowledge about safe use of the house;
(2) informing the people concerned of the rules and procedures with respect to such issues as school admittance of migrant children, prophylactic immunization covered by the national immunization program and free technological services offered for family planning;
(3) as requested by the parties, issuing certifying papers related to house lease;
(4) as entrusted by the parties, offering such services as handling temporary residence registration and certificates, handling registration of common basements, examining and registering marriage and childbirth certificates of migrants, handling temporary marriage and childbirth certificates of migrants, and paying taxes as agents;
(5) providing information about rights-safeguarding services; and
(6) offering other services as required by the municipal, district and county people's governments.
A grass-roots administration and service station shall not collect any fees for the services it offers to the parties. A grass-roots administration and service station shall not engage in or engage in a disguised way any business activities.
CHAPTER III ADMINISTRATION STANDARDS
Article 12 The house owner shall be responsible for the safety of the leased house. The leasee shall be responsible for his use of the house.
Where the house owner entrusts another person with the management of the leased house, he shall report in writing to the grass-roots administration and service station of the place where the house is located.
Article 13 The construction structure, equipment and facilities of the leased house shall comply with the requirements for safety of construction, fire prevention, public security and public health, and shall not endanger personal safety.
It is forbidden to lease any illegal buildings and other houses that cannot be leased out in accordance with law.
Article 14 The leaser shall be entitled to supervise the use of the house by the leasee. The leaser shall not lease the house to persons with no identity certification and shall not provide convenience to any illegal production and business activities by means of house lease; if finding that the leasee is suspected of committing a criminal act by making use of the leased house, the leaser shall report to the public security organ without any delay.
Where a leased house is dwelled by several persons, the leaser shall keep a register of these dwellers and submit it to the grass-roots administration and service station in accordance with the provisions.
The leaser shall pay tax in accordance with law on the income from house lease.
Article 15 The leasee shall cooperate with the leaser to go through house lease registration formalities. The leasee shall not use the leased house to engage in illegal production, process, storage or operation of explosive, poisonous, radioactive or erosive substances, pathogens of infective diseases or other hazardous substances, or engage in other illegal activities, and shall not harm public interests or hinder the normal work and life of others.
Article 16 Where a house is leased, subleased or sub-lent to overseas organizations or persons, or the leasee accommodates overseas persons, the leaser and leasee shall abide by the relevant regulations of the State and this Municipality on the administration of national security.
Article 17 A house management unit shall carry out house safety management in accordance with the following provisions:
(1) developing a house safety management system and putting into effect all kinds of management measures;
(2) carrying out safety examinations on houses managed by it in accordance with the provisions, taking records of the examinations and well keeping these records;
(3) providing the results of safety examinations on houses according to the requirements of the relevant administrative departments or the grass-roots administration and service station; and
(4) if finding acts endangering the safe use of houses or other illegal acts, immediately stopping such acts and urging the accountable persons to make corrections; where the accountable persons refuse to make corrections, timely reporting to the relevant administrative departments of the places where the houses are located for disposal in accordance with law.
Article 18 Institutions that engage in brokerage business of house lease shall be ones established in accordance with law, have acquired business licenses and comply with the requirements set forth by the State and this Municipality.
Persons who engage in brokerage activities of house lease shall have acquired corresponding qualification certificates for real estate brokers. Those who have not acquired the qualification certificates for real estate brokers shall not engage in brokerage activities of house lease.
Article 19 This Municipality adopts such capital regulation systems for agency services by brokers of house lease as the collection and payment by banks, risk reserves, management of customers' capitals and self-owned capitals in separate accounts. The specific measures shall be worked out by the municipal administrative department for construction (housing) jointly with other departments concerned.
Article 20 A real estate brokerage institution and its brokers shall abide by the following provisions when engaging in brokerage business of house lease:
(1) The real estate brokerage institution shall post the contents and standards of its services and the copies of its brokers' qualification certificates for real estate brokers at its business place.
(2) The real estate brokerage institution shall uniformly accept brokerage business of house lease and enter into a written brokerage contract with the trustor, uniformly collect brokerage fees and issue invoices. No real estate broker may undertake business in his own name.
(3) The real estate brokers shall not engage in brokerage business in two or more real estate brokerage institutions concurrently;
(4) The real estate brokerage institution and its brokers shall not forge, alter, trade in, lend or rent qualification certificates for real estate brokers.
(5) The real estate brokerage institution and its brokers shall not occupy, embezzle or delay the payment of customers' funds.
(6) The real estate brokerage institution and its brokers shall not engage in brokerage business or offer agency service to lease a house not complying with the requirements for leasing.
CHAPTER IV SUPERVISION AND EXAMINATION
Article 21 This Municipality shall, in accordance with the principles of uniform planning and resource sharing, set up the platform of comprehensive administration information system on house lease and carry out dynamic administration of house lease information.
The departments administering or using house lease information and their staff shall keep house lease information secret and safeguard the lawful rights and interests of the parties.
Article 22 The administrative departments for public security, construction (housing), industry and commerce, civil defense, public health, population and family planning, planning, taxation, and comprehensive law enforcement in urban administration shall set up the law enforcement responsibility system and make clear the supervision and examination responsibility in house lease administration. Where, in law enforcement, any of them finds an illegal act that shall not be investigated and punished by itself, it shall timely notify the house lease administration agency at the same level, the said house lease administration agency shall timely notify the administrative departments concerned to investigate and punish the act in accordance with law.
House management units, real estate brokerage institutions and parties of lease shall cooperate with the administrative departments concerned to carry out house lease administration.
Article 23 The municipal, district and county administrative departments concerned, sub-district offices, and township and town people's governments shall, in accordance with their respective duties, bring success to the work of training and guiding grass-roots administration and service stations and their staff.
Article 24 A grass-roots administration and service station shall set up the patrol system to collect house lease information, carry out regular examinations of house lease and bring success to the following work:
(1) making corrections if finding untrue registered information;
(2) making supplementary registration if finding unregistered items;
(3) urging the leaser or leasee to make rectification if finding hidden dangers to the safety of a house; and
(4) reporting to the superior house lease administration agency or other administrative departments
concerned if finding an illegal act in violation of the provisions on public security, fire prevention, public health, family planning or safety of constructional structure.
Article 25 Where a leased house is a dangerous one upon the assessment by the house safety assessment institution, the administrative department for construction (housing) shall notify the house owner and leasee to take measures to eliminate the danger in accordance with the relevant provisions. Should it be necessary for the leasee or other users to move out temporarily for the purpose of taking measures to eliminate the danger, the leasee or other users shall timely move out. Where the leased house endangers personal safety and the house owner or leasee refuses to take measures to eliminate the danger, the administrative department for construction (housing) shall take compulsory consolidation or repair measures in accordance with law, and may order the leasee or other users to move out within a prescribed time limit.
The expenses for compulsory consolidation or repair shall be borne by the accountable person; the loss caused by hindering the consolidation or repair shall be borne by the person responsible for the hindering.
Article 26 When fulfilling the duty of supervision over and examination of real estate brokerage institutions, the administrative departments for construction (housing) and industry and commerce may examine relevant materials, get to know the situations of real estate brokerage business and the management of customers' funds and risk reserves, and may request the units being examined to provide their business licenses of real estate brokerage institutions and qualification certificates for real estate brokers.
The administrative departments for construction (housing) and industry and commerce may, in accordance with relevant regulations of the State and this Municipality, make relevant supervision and examination information public to the society.
CHAPTER V LEGAL LIABILITY
Article 27 Where an administrative department with the duty of house lease administration or any of its staff neglects the duty, abuses the power, or commits illegalities for personal gains or by fraudulent means, its superior department or the supervisory organ shall order to make corrections; where the circumstances are serious, the directly responsible person in charge and other directly responsible persons shall be given administrative penalties; where a crime is committed, the person shall be held responsible in accordance with the law.
Article 28 The following acts in violation of these Provisions shall be penalized by the public security organ in accordance with the following provisions:
(1) where the leaser, leasee or real estate brokerage institution fails to go through the house lease registration formalities or the formalities of modification or cancellation of registration as provided for in Articles 8 and 9 of these Provisions, an order to make corrections shall be issued thereto and a fine of not less than CNY ¥200 but not more than CNY ¥500 shall be imposed thereupon;
(2) where Article 13 of these Provisions is violated and the leased house has hidden dangers to public security or fire prevention, an order to make corrections shall be issued and a fine of not less than CNY ¥1,000 but not more than CNY ¥30,000 may be imposed thereupon;
(3) where a leaser, in violation of paragraph one of Article 14 of these Provisions, leases a house to a person with no certificate of identity, or fails to report to the public security organ if finding that the leasee is suspected of committing a criminal act by making use of the leased house, a fine of not less than CNY ¥200 but not more than CNY ¥500 shall be imposed upon the leaser;
(4) where a leaser, in violation of paragraph two of Article 14 of these Provisions, fails to keep a register of dwellers and submit it to the grass-roots administration and service station in accordance with the provisions, an order to make corrections shall be issued thereto and a fine of not less than CNY ¥200 but not more than CNY ¥1,000 may be imposed thereupon;
(5) where a leasee, in violation of Article 15 of these Provisions, harms public interests or hinders the normal work and life of others when using the leased house, the leasee shall be given a warning and be ordered to make corrections; where he refuses to make corrections upon expiry of the time limit, he shall be imposed a fine of not less than CNY ¥200 but not more than CNY ¥500.
Article 29 The following acts in violation of these Provisions shall be penalized in accordance with the following provisions by the administrative departments for construction (housing), industry and commerce, or civil air defense according to their respective duties:
(1) where Article 13 of these Provisions is violated and the leased house has hidden dangers to safety, an order to make corrections shall be issued and a fine of not less than CNY ¥1,000 but not more than CNY ¥30,000 may be imposed;
(2) where a house management unit, in violation of Article 17 of these Provisions, fails to fulfill its duty of safety management, it shall be ordered to make corrections and may be imposed a fine of not less than CNY ¥1,000 but not more than CNY ¥30,000;
(3) where a real estate brokerage institution, in violation of paragraph two of Article 18 of these Provisions, employs a person who has not acquired the qualification certificate for real estate brokers to engage in brokerage activities of house lease, it shall be imposed a fine of not less than CNY ¥5,000 but not more than CNY ¥30,000;
(4) where a real estate brokerage institution, in violation of Article 19 of these Provisions, fails to put into effect capital regulation systems, it shall be ordered to make corrections and be imposed a fine of not less than CNY ¥5,000 but not more than CNY ¥30,000;
(5) where a real estate brokerage institution or any of its brokers, in violation of subparagraph 1, 2, 3, 5 or 6 of Article 20 or subparagraph 4 of Article 20 of these Provisions, lends or rents the qualification certificate for real estate broker in the brokerage business of house lease, an order to make corrections shall be issued thereto and a fine of not less than CNY ¥3,000 but not more than CNY ¥30,000 shall be imposed thereupon.
Article 30 Where Article 13 of these Provisions is violated and the leased house has hidden dangers to the safety of public health, the administrative department for public health shall order to make corrections and may impose a fine of not less than CNY ¥1,000 but not more than CNY ¥30,000.
Article 31 Where other laws, regulations or rules provide for the administrative penalties against the acts in violation of these Provisions, the administrative departments concerned shall deal with such acts in accordance with law; where a crime is constituted, the criminal liability shall be investigated for in accordance with law.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 32 These Provisions shall be effective as of January 1, 2008. The Provisions of Beijing Municipality on Security Administration of House Leasing by Migrants Living in Beijing stipulated by Decree No. 13 of the People's Government of Beijing Municipality on June 13, 1995, revised for the first time in accordance with Decree No. 12 of the People's Government of Beijing Municipality on December 31, 1997, and revised for the second time in accordance with Decree No. 150 of the People's Government of Beijing Municipality on June 1, 2004 shall be repealed simultaneously.
Click to view the Chinese version
(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)