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Management measures for residential interior decoration

Management measures for residential interior decoration

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  • Time of issue:2020-06-17 16:54
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Management measures for residential interior decoration

(Summary description)

  • Categories:Common sense
  • Author:
  • Origin:
  • Time of issue:2020-06-17 16:54
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Information

Order of the Ministry of construction of the people's Republic of China

(No. 110)

The administrative measures for interior decoration of residential buildings, which was discussed and adopted at the 53rd executive meeting of the Ministry of housing on February 26, 2002, is hereby promulgated and shall come into force on May 1, 2002.

Minister Wang Guangtao

March 5, 2002

 

Management measures for residential interior decoration

Chapter I General Provisions

Article 1 These measures are formulated in accordance with relevant laws and regulations for the purpose of strengthening the management of residential interior decoration, ensuring the quality and safety of decoration projects, and safeguarding public safety and public interests.

Article 2 These Measures shall be observed in the supervision and administration of residential interior decoration activities in cities.

The term "residential interior decoration" as mentioned in these Measures refers to the construction activities of the owner or the residential user (hereinafter referred to as the decorator) to decorate and decorate the residential interior after the completion and acceptance of the residence.

Article 3 the interior decoration and decoration of residential buildings shall ensure the quality and safety of the project and conform to the compulsory standards for project construction.

Article 4 the construction administrative department of the State Council shall be responsible for the management of residential interior decoration activities throughout the country.

The construction administrative departments of the people's governments of provinces and autonomous regions shall be responsible for the management of interior decoration and decoration activities of residential buildings within their respective administrative areas.

The real estate administrative departments of the people's governments of municipalities, cities and counties shall be responsible for the management of residential interior decoration activities within their respective administrative areas.

Chapter II General Provisions

Article 5 the following acts shall be prohibited in the interior decoration and decoration activities of residential buildings:

(1) Change the main body and load-bearing structure of the building without the original design unit or the design unit with the corresponding qualification level to propose the design scheme;

(2) Change the room or balcony without waterproof requirements into toilet and kitchen room;

(3) Expand the size of the original doors and windows on the load-bearing wall, and dismantle the brick and concrete walls connecting the balcony;

(4) Damage the original energy-saving facilities of the house and reduce the energy-saving effect;

(5) Other behaviors that affect building structure and use safety.

The term "building subject" in these Measures refers to the structural structure of the building entity, including roof, floor, beam, column, support, wall, connection point and foundation, etc.

The term "bearing structure" as mentioned in the present Measures refers to the main structural members and their connecting points that directly transmit their own self weight and various external forces to the foundation and foundation, including load-bearing walls, vertical poles, columns, frame columns, buttresses, floors, beams, roof trusses, suspension cables, etc.

Article 6 a decorator shall not, without approval, engage in the following acts in the interior decoration and decoration of a residence:

(1) Building buildings and structures;

(2) Change the facade of the house, open doors and windows on the non load bearing exterior walls;

(3) Dismantle and change heating pipes and facilities;

(4) Dismantle and change gas pipelines and facilities.

The acts listed in items (1) and (2) of this article shall be approved by the competent department of urban planning administration; the acts listed in Item (3) shall be approved by the heating management unit; and the acts listed in Item (4) shall be approved by the gas administration unit.

Article 7 if the interior decoration of a residential building increases the floor load beyond the design standards or specifications, the design scheme shall be put forward by the original design unit or the design unit with corresponding qualification level.

Article 8 if the waterproof layer of toilet and kitchen room is changed, the construction scheme shall be formulated according to the waterproof standard, and the closed water test shall be conducted.

Article 9 If a decorator changes the main body and load-bearing structure of the building through the original design unit or the design unit with corresponding qualification level, or if the decoration activities involve the contents of articles 6, 7 and 8 of these measures, they must entrust the decoration and decoration enterprises with corresponding qualifications to undertake.

Article 10 decoration enterprises must carry out construction in accordance with the compulsory standards for engineering construction and other technical standards, and shall not cut corners in construction to ensure the quality of decoration projects.

Article 11 when engaging in interior decoration activities of residential buildings, decoration enterprises shall abide by the construction safety operation rules, take necessary safety protection and fire control measures in accordance with the provisions, and shall not use open fire and carry out welding operation without authorization, so as to ensure the safety of operators and surrounding houses and properties.

Article 12 the decorators and decoration enterprises shall not occupy the public space or damage the public parts and facilities when they are engaged in the interior decoration and decoration activities of residential buildings.

Chapter III commencement declaration and supervision

Article 13 before the commencement of a residential interior decoration project, the decorator shall apply to the property management enterprise or the housing management agency (hereinafter referred to as the property management unit) for registration.

The non owner's residential user shall obtain the owner's written consent for interior decoration.

Article 14 the following materials shall be submitted for registration:

(1) House ownership certificate (or valid certificate proving its legal rights and interests); and;

(2) Identity document of the applicant;

(3) Decoration scheme;

(4) If the main body or load-bearing structure of the building is changed, the design scheme proposed by the original design unit or the design unit with corresponding qualification level shall be submitted;

(5) The approval documents of the relevant departments shall be submitted if the acts in Article 6 of the measures are involved, and the design scheme or construction scheme shall be submitted if the acts in Articles 7 and 8 of the measures are involved;

(6) If the decoration enterprise is entrusted with construction, the copy of relevant qualification certificate of the enterprise shall be provided.

The non owner's residential user shall also provide the written certificate of the owner's consent to the decoration.

Article 15 the property management unit shall inform the decorator and the decoration enterprise entrusted by the decorator of the prohibited behaviors and precautions of the residential interior decoration project.

The decorator shall inform the neighborhood before decorating the house.

Article 16 the decorators, or the decorators and the decoration enterprises, shall sign the management service agreement of residential interior decoration with the property management unit.

The management service agreement of residential interior decoration shall include the following contents:

(1) The implementation content of decoration project;

(2) The implementation period of decoration project;

(3) Time allowed for construction;

(4) Clearing, transportation and disposal of wastes;

(5) Installation requirements of residential facade facilities and anti-theft windows;

(6) Prohibited behaviors and precautions;

(7) Management service fee;

(8) Liability for breach of contract;

(9) Other matters to be agreed upon.

Article 17 the property management unit shall carry out the management according to the management service agreement for interior decoration of residential buildings. If it finds that the decorator or or decoration enterprise has the behaviors listed in Article 5 of these measures, or carries out the acts listed in Article 6 of these measures without the approval of relevant departments, or violates the provisions of Articles 7, 8 and 9 of these measures, it shall stop immediately; If it has caused factual consequences or refuses to make corrections, it shall promptly report to the relevant departments for handling according to law. If the decorator or or the decoration enterprise violates the management and service agreement of residential interior decoration, the responsibility for breach of contract shall be investigated.

Article 18 after receiving the report from the property management unit that the decorator or or the decoration enterprise has violated these measures, the relevant departments shall promptly go to the scene to check and verify and handle according to law.

Article 19 property management units are prohibited from appointing decoration enterprises to decorators or selling decoration materials by force.

Article 20 the decorator shall not refuse or hinder the property management unit to supervise and inspect the interior decoration and decoration activities of the house according to the provisions of the management service agreement for the interior decoration of the residence.

Article 21 Any unit or individual has the right to report, accuse and complain about the quality accidents, quality defects and other behaviors that affect the normal life of the surrounding residents in the process of interior decoration and decoration.

Chapter IV entrustment and undertaking

Article 22 decoration enterprises undertaking residential interior decoration projects must go through the qualification examination of the competent construction administrative department, obtain the corresponding construction enterprise qualification certificate, and contract the projects within the scope permitted by its qualification level.

Article 23 If a decorator entrusts an enterprise to undertake its decoration project, it shall select a decoration enterprise with corresponding qualification level.

Article 24 the decorator and the decoration enterprise shall sign a written contract for interior decoration and decoration of residential buildings to clarify the rights and obligations of both parties.

The contract for interior decoration of a residence shall include the following main contents:

(1) The names or unit names, addresses and contact numbers of the trustor and the entrusted party;

(2) The number of rooms, building area, decoration items, methods, specifications, quality requirements and quality acceptance methods of residential interior decoration;

(3) Commencement and completion time of decoration project;

(4) The content and term of warranty of decoration project;

(5) Decoration project price, pricing and payment method and time;

(6) Conditions for modification and termination of the contract;

(7) Liability for breach of contract and ways to solve disputes;

(8) The effective time of the contract;

(9) Other terms that both parties think need to be clarified.

Article 25 Any dispute arising from a residential interior decoration project may be settled through consultation or mediation. If the party is unwilling to negotiate or mediate, or if consultation or mediation fails, he may apply for arbitration or bring a suit in a people's court according to law.

Chapter V indoor environmental quality

Article 26 decoration enterprises engaged in residential interior decoration activities shall strictly abide by the stipulated decoration construction time, reduce construction noise and environmental pollution.

Article 27 all kinds of solid, combustible liquid and other wastes formed in the process of residential interior decoration and decoration shall be piled up, cleaned up and transported in accordance with the prescribed location, manner and time. It is strictly forbidden to stack all kinds of solid, combustible liquid and other wastes in the garbage Road, corridor or other places in violation of the regulations.

Article 28 the materials and equipment used in residential interior decoration and decoration projects must conform to the national standards, have the quality inspection certificate, and have the product name, specification, model, manufacturer name and address with Chinese identification. It is forbidden to use building decoration materials and equipment that are eliminated by the state.

Article 29 If a decorator entrusts an enterprise to decorate the interior of a residence, the air quality shall meet the relevant national standards after the completion of the decoration project. The decorator may entrust a qualified testing unit to test the air quality. If the inspection fails, the decoration enterprise shall rework, and the responsible person shall bear the corresponding losses.

Chapter VI completion acceptance and warranty

Article 30 after the completion of a residential interior decoration project, the decorator shall carry out the acceptance inspection in accordance with the provisions of the engineering design contract and the corresponding quality standards. After passing the acceptance check, the decoration enterprise shall issue a quality warranty for the interior decoration of the residence.

The property management unit shall carry out on-site inspection in accordance with the decoration management service agreement. In case of violation of laws, regulations and decoration management service agreement, the property management unit shall require the decorator and the decoration enterprise to correct and file the inspection records.

Article 31 after the completion of the residential interior decoration project, if the decoration enterprise is responsible for purchasing the decoration materials and equipment, it shall submit the instruction manual, warranty and environmental protection instruction to the owner.

Article 32 under normal conditions of use, the minimum warranty period of interior decoration and decoration works of residential buildings is two years, and that of kitchens, toilets and external walls with waterproof requirements is five years. The warranty period shall be calculated from the date when the residential interior decoration project is completed and accepted.

Chapter VII Legal Liability

Article 33 the decorator shall be responsible for the repair and compensation of the pipeline blockage, leakage, water supply and power failure, and article damage of the adjacent houses caused by the interior decoration and decoration activities of the residence; if it is the responsibility of the decoration enterprise, the decorator may claim compensation from the decoration enterprise.

If the decorator dismantles or changes heating and gas pipelines and facilities without authorization and causes losses, the decorator shall be responsible for compensation.

Article 34 If a decorator encroaches on the public space due to the interior decoration and decoration activities of a residence and causes damage to the public parts and facilities, the urban real estate administrative department shall order it to make corrections, and if losses are caused, it shall bear the liability for compensation according to law.

Article 35 If a decorator fails to apply for registration and carry out indoor decoration and decoration activities, the urban real estate administrative department shall order it to make corrections and impose a fine of not less than 500 yuan but not more than 1000 yuan.

Article 36 If a decorator, in violation of the provisions of these measures, entrusts a residential interior decoration project to an enterprise with no corresponding qualification level, the urban real estate administrative department shall order it to make corrections and impose a fine of not less than 500 yuan but not more than 1000 yuan.

Article 37 If the decoration enterprises purchase or recommend to the decorators the decoration materials that do not conform to the national standards, resulting in air pollution exceeding the standard, the urban real estate administrative department shall order it to make corrections, and if losses are caused, it shall bear the liability for compensation according to law.

Article 38 If any of the following acts is committed in the interior decoration and decoration activities of a residence, the urban real estate administrative department shall order it to make corrections and impose a fine:

(1) If a room or balcony without waterproof requirements is changed into a toilet or kitchen, or the brick or concrete wall connecting the balcony is removed, the decorator shall be fined not less than 500 yuan but not more than 1000 yuan, and the decoration enterprise shall be fined not less than 1000 yuan but not more than 10000 yuan;

(2) If the original energy-saving facilities of the house are damaged or the energy-saving effect is reduced, the decoration enterprise shall be fined not less than 1000 yuan but not more than 5000 yuan;

(3) Those who dismantle and change heating and gas pipelines and facilities without authorization shall be fined not less than 500 yuan but not more than 1000 yuan;

(4) If the floor load is increased beyond the design standards or specifications without the original design unit or the design unit with corresponding qualification level, the decorator shall be fined not less than 500 yuan but not more than 1000 yuan, and the decoration enterprise shall be fined not less than 1000 yuan but not more than 10000 yuan.

Article 39 those who build buildings or structures in the interior decoration activities of residential buildings without the approval of the competent department of urban planning administration, or change the external facade of the residence without authorization, open doors or windows on the non load bearing external walls shall be punished by the competent department of urban planning administration in accordance with the provisions of the urban planning law and relevant laws and regulations.

Article 40 If a decorator or or decoration enterprise violates the regulations on the quality control of construction projects, it shall be punished by the construction administrative department in accordance with the relevant provisions.

Article 41 If the decoration enterprise violates the relevant national production safety regulations and safety production technical regulations, fails to take necessary safety protection and fire control measures according to the provisions, uses open fire operation and welding operation without authorization, or fails to take measures to eliminate the hidden dangers of construction safety accidents, the construction administrative department shall order it to make corrections and impose a fine of not less than 1000 yuan but not more than 10000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification and be fined not less than 10000 yuan but not more than 30000 yuan; if a major safety accident is caused, the qualification level shall be reduced or the qualification certificate shall be revoked.

Article 42 if the property management unit finds that the decorator or or the decoration enterprise violates the provisions of these measures and fails to report to the relevant departments in time, the real estate administrative department shall give a warning and impose a fine of 2 to 3 times of the decoration management service fee stipulated in the decoration management service agreement.

Article 43 Any staff member of a relevant department who, after receiving the report from the property management unit on the illegal acts of the decorator or or the decoration enterprise, fails to deal with it in time and neglects his duty, he shall be given administrative sanctions according to law.

Chapter VIII supplementary provisions

Article 44 these Measures shall be referred to when the project investment is less than 300000 yuan or the construction area is less than 300 square meters, and the non residential decoration activities may not apply for construction permit.

Article 45 the management of decoration projects before the completion and acceptance of residential buildings shall be carried out in accordance with the regulations on the quality management of construction projects.

Article 46 the construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government may formulate detailed implementation rules in accordance with these measures.

Article 47 the construction administrative department under the State Council shall be responsible for the interpretation of these measures.

Article 48 these Measures shall come into force as of May 1, 2002.

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