Procedures of Shanghai Municipality on the Administration of All Necessary Accessory Constructions of Newly Built Residences and Making Newly Built Residences Available to Users(Revised in 2002)

Procedures of Shanghai Municipality on the Administration of All Necessary Accessory Constructions of Newly Built Residences and Making Newly Built Residences Available to Users (Revised in 2002)

Order of the Shanghai Municipal People' s Government [2002] No.130

December 27, 2002

(Promulgated on December 26, 1995 by Decree No. 21 of the Shanghai Municipal People's Government Revised and Re-promulgated on December 14, 1997 According to Decree No. 53 of the Shanghai Municipal People' s Government Revised and Re-promulgated on December 27, 2002 According to the "Decision of Shanghai Municipal People' s Government on Revision of the 'Procedures of Shanghai Municipality on the Administration of All Necessary Accessory Constructions of Newly Built Residences and Making Newly Built Residences Available to Users' ")
　
Article 1 (Purposes of Formulation)
These Procedures are formulated in order to strengthen the administration of all necessary accessory constructions of newly built residences and making newly built residences available to users, and safeguard the residents' basic living conditions after they move in.
　
Article 2 (Scope of Application)
These Procedures shall apply to the administration of all necessary accessory constructions of newly built residences and making newly built residences available to users in the limits of this Municipality, with the exception of personal housing built by individual persons.
　
Article 3 (Basic Principle and Requirements)
According to the principle of "the developer being responsible for providing the residence with all necessary accessory constructions" , newly built residences shall be completed with public works, public utilities and public building facilities to meet the basic living conditions of residents who move in, in accordance with the requirements of the planning, design and the plan of investment, construction work, and all necessary accessory facilities of residential construction upon completion of the residences.
Newly built residences may be made available to users only after passing examination and obtaining the "Permit of Residence Made Available to Users" .
　
Article 4 (Competent Administrative Department and Coordinating Administrative Department)
The Shanghai Municipal Bureau of Residence Development (hereinafter referred to as MBRD) is responsible for the comprehensive coordination of accessory constructions of newly built residences and supervision and administration of making newly built residences available to users in this Municipality. The district/county administrative departments of residence construction shall, according to their limits of authority, take specific charge of urged implementation and supervision and administration of accessory constructions of newly built residences and making newly built residences available to users in their respective administrative areas.
Administrative departments of all levels of development plan, planning, housing and land, public works, public utilities, power, environmental sanitation, environmental protection, water affairs, industry and commerce, public security, finance and trade, posts and telecommunications, education, public health, civil affairs and public parks shall, according to their respective duties, cooperate with administrative departments of residence in implementing these Procedures.
　
Article 5 (Drawing up Plans for Residences Completed with All Necessary Accessory Facilities)
The plans for residences completed with all necessary accessory facilities of this Municipality shall be coordinated with the plans for residence construction investment and construction work. The plans for residences completed with all necessary accessory facilities of this Municipality shall be drawn up by the MBRD jointly with relevant departments and shall be reported to the Shanghai Municipal Construction Commission for the record.
　
Article 6 (Planning Management of Projects of All Necessary Accessory Facilities)
The municipal, district and county planning administrative departments shall, jointly with administrative departments of residence construction, ensure the necessary accessory projects of public works, public utilities and public building facilities according to the requirements of the detailed planning of newly built residences, and urge the residence construction unit to conduct construction as required by the planning.
　
Article 7 (Implementation of Plans for Residences Completed with All Necessary Accessory Facilities)
The MBRD shall pass down the plans for residences completed with all necessary accessory facilities for concrete implem0entation to the residence construction unit and the public works and public utility units responsible for all the necessary accessory facilities.
The residence construction unit and the public works and public utility units responsible for all the necessary accessory facilities shall, according to the plans for residences completed with all necessary accessory facilities, sign contracts of residences completed with all necessary accessory facilities, ascertain the responsibility for the provisions of all necessary public works and public utility facilities.
Where the facilities of public building are incorporated in the plan for residences completed with all necessary accessory facilities, the residence construction unit shall conduct construction according to the plan, and accept supervision by the administrative departments of residence construction.
Where two or more residence construction units jointly develop one and same residence project, the responsibilities of all parties concerned to the project for construction of all necessary accessory facilities shall be specified in the co-development contract.
All relevant competent administrative departments shall render active cooperation in the implementation of the plan for residences completed with all necessary accessory facilities.
　
Article 8 (Application for Examination of Making Newly Built residences Available to Users)
Upon completion of newly built residences and passage of acceptance tests by relevant departments, the residence construction unit shall submit an application to the MBRD or the district or county administrative department of residence construction for examination of the residences that are made available to users.
When going through the formalities of application for examination of newly built residences that are made available to users, the applicants shall submit the following documents and materials:
1.
　　......