Order No. 110 of the Ministry of Construction of the People’s Republic of China “Regulations for the Administration of Residential Interior Decoration” was discussed and approved at the 53rd executive meeting of the Ministry on February 26, 2002. It is hereby promulgated and will come into force on May 1, 2002. Minister Wang Guangtao March 5, 2002
Chapter I General Provisions
Article 1
In order to strengthen the management of residential interior decoration, ensure the quality and safety of decoration projects, and maintain public safety and public interests, these measures are formulated in accordance with relevant laws and regulations.
Article 2
Those who engage in residential interior decoration activities in cities and implement the supervision and management of residential interior decoration activities shall abide by these measures.
The residential interior decoration referred to in these Measures refers to the construction activities in which the owner or the user of the residence (hereinafter referred to as the decorator) decorates the interior of the residence after the completion of the residence has passed the acceptance check.
Article 3
Residential interior decoration shall ensure the quality and safety of the project and comply with the mandatory standards for project construction.
Article 4
The construction administrative department of the State Council is responsible for the management of residential interior decoration activities across the country.
The construction administrative departments of the people’s governments of provinces and autonomous regions are responsible for the management of residential interior decoration activities within their respective administrative areas.
Municipalities, cities, and counties*** The real estate administrative department is responsible for the management of residential interior decoration activities within its administrative area.
Chapter II General Provisions
The fifth
For residential interior decoration activities, the following behaviors are prohibited:
(1) Changing the main body and load-bearing structure of the building without the original design unit or a design unit with corresponding qualification levels putting forward a design plan;
(2) Change rooms or balconies without waterproof requirements into bathrooms or kitchens;
(3) Expand the size of the original doors and windows on the load-bearing wall, and remove 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 the safety of building structure and use.
The building body referred to in these Measures refers to the structural structure of the building entity, including roofs, floors, beams, columns, supports, walls, joints and foundations, etc.
The load-bearing structure referred to in these Measures refers to the main structural members and their connecting joints that directly and systematically transmit their own weight and various external forces to the foundation foundation, including load-bearing walls, vertical poles, columns, frame columns, buttresses, Slabs, beams, trusses, suspension cables, etc.
Article 6
Decorators who are engaged in residential interior decoration activities shall not engage in the following behaviors without approval:
(1) erecting buildings and structures;
(2) Change the exterior facade of the residence, and open doors and windows on non-load-bearing exterior walls;
(3) Demolition and modification of heating pipes and facilities;
(4) Demolition and modification of gas pipelines and facilities.
The acts listed in items (1) and (2) of this article shall be approved by the administrative department of urban planning; the acts of item (3) shall be approved by the heating management unit; approve.
Article 7
If the interior decoration of a residence exceeds the design standard or specification to increase the floor load, the original design unit or a design unit with the corresponding qualification level shall submit a design plan.
eighth
If the waterproof layer of the toilet and kitchen is changed, the construction plan shall be formulated according to the waterproof standard, and the closed water test shall be carried out.
Article 9
If the decorator proposes a design plan to change the main body and load-bearing structure of the building through the original design unit or a design unit with corresponding qualification levels, or if the decoration activities involve the content of Articles 6, 7 and 8 of these measures, he must entrust a person with corresponding qualifications The decoration company undertakes.
Article 10
Decoration and decoration enterprises must construct in accordance with the mandatory standards for engineering construction and other technical standards, and must not cut corners to ensure the quality of decoration and decoration projects.
Article 11
Decoration enterprises engaged in residential interior decoration activities shall abide by the construction safety operation regulations, take necessary safety protection and fire protection measures in accordance with the regulations, and shall not use open flames and welding operations without authorization to ensure the safety of workers, surrounding houses and property.
Article 12
Decorators and decoration enterprises engaged in residential interior decoration activities shall not encroach on public space or damage public parts and facilities.
Chapter III Declaration and Supervision of Commencement
Article 13
The decorator shall declare and register with the property management enterprise or housing management institution (hereinafter referred to as the property management unit) before the start of the residential interior decoration project.
Residential users who are not the owner shall obtain the written consent of the owner to decorate the interior of the residence.
Article 14
The following materials shall be submitted for declaration and registration:
[Management Measures for Residential Interior Decoration Renovation Requirements] (1) House ownership certificate (or a valid certificate proving its legitimate rights and interests);
(2) The identity certificate of the applicant;
(3) Decoration plan;
(4) If the main body of the building or the load-bearing structure is changed, the design plan proposed by the original design unit or a design unit with the corresponding qualification level shall be submitted;
(5) If it involves the acts in Article 6 of these Measures, it needs to submit the approval documents of relevant departments; if it involves the acts in Article 7 and Article 8 of these Measures, it needs to submit the design plan or construction plan;
(6) If a decoration company is entrusted with the construction, a copy of the relevant qualification certificate of the company shall be provided.
Residential users who are not owners also need to provide written proof that the owner agrees 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 neighbors before decorating the house.
Article 16
The decorator, or the decorator and the decoration enterprise, shall sign a residential interior decoration management service agreement with the property management unit.
The residential interior decoration management service agreement shall include the following contents:
(1) The implementation content of the decoration project;
(2) The implementation period of the decoration project;
(3) The time allowed for construction;
(4) Clearing, transportation and disposal of waste;
(5) Installation requirements for residential façade facilities and anti-theft windows;
(6) Prohibited acts and precautions;
(7) Management service fees;
(8) Liability for breach of contract;
(9) Other matters that need to be agreed upon.
Article 17
The property management unit shall implement management in accordance with the residential interior decoration management service agreement. If it is found that the decorator or the decoration enterprise has committed the acts listed in Article 5 of these measures, or has implemented the acts listed in Article 6 of these measures without the approval of relevant departments, or has Violations of Articles 7, 8, and 9 of these Measures shall be stopped immediately; those that have caused factual consequences or refuse to make corrections shall be reported to relevant departments in a timely manner and dealt with according to law. If the decorator or decoration enterprise violates the residential interior decoration management service agreement, the responsibility for breach of contract shall be investigated.
Article 18
After the relevant departments receive the report from the property management unit that the decorator or the decoration enterprise has violated the regulations, they shall promptly go to the site to check and verify, and deal with it according to law.
Article 19
Property management units are prohibited from assigning decoration companies to decorators or forcibly selling decoration materials.
Article 20
The decorator shall not refuse or obstruct the property management unit’s supervision and inspection of residential interior decoration activities in accordance with the residential interior decoration management service agreement.
Article 21
Any unit or individual has the right to report, sue, and complain about quality accidents, quality defects, and other behaviors that affect the normal life of surrounding residents in residential interior decoration that affect the public interest.
Chapter IV Entrustment and Undertaking
Article 22
Decoration and decoration enterprises that undertake residential interior decoration and renovation projects must go through the qualification review of the construction administrative department, obtain the corresponding construction industry enterprise qualification certificates, and undertake projects within the scope of their qualification grades.
Article 23
If the decorator entrusts an enterprise to undertake its decoration project, it should choose a decoration enterprise with the corresponding qualification level.
Article 24
The decorator and the decoration enterprise shall sign a written contract for residential interior decoration, specifying the rights and obligations of both parties.
A residential interior decoration contract shall include the following main contents:
(1) The name or unit name, domicile address and contact number of the client and the client;
(2) The number of rooms and building area of residential interior decoration, decoration items, methods, specifications, quality requirements and quality inspection methods;
(3) The start and completion time of the decoration project;
(4) Contents and duration of warranty for decoration and renovation projects;
(5) The price of the decoration project, the method and time of pricing and payment;
(6) Conditions for modification and termination of the contract;
(7) Liabilities for breach of contract and ways to resolve disputes;
(8) The effective time of the contract;
(9) Other terms that both parties deem necessary to be clarified.
Article 25
Disputes arising from residential interior decoration projects can be resolved through negotiation or mediation. Those who are unwilling to negotiate or mediate or fail to negotiate or mediate can apply for arbitration or file a lawsuit 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 prescribed construction time for decoration and decoration, reduce construction noise, and reduce environmental pollution.
Article 27
All kinds of solid and flammable liquid wastes formed in the process of residential interior decoration should be piled up and removed according to the prescribed location, method and time. It is strictly forbidden to pile up various solid and flammable liquid wastes in residential garbage lanes, corridors or other places in violation of regulations.
Article 28
The materials and equipment used in residential interior decoration projects must comply with national standards, and have quality inspection certificates and product names, specifications, models, manufacturer names, and factory addresses with Chinese labels. It is forbidden to use building decoration and decoration materials and equipment that are eliminated by the state.
Article 29
If the decorator entrusts an enterprise to decorate the interior of the residence, the air quality shall meet the relevant national standards after the completion of the decoration project. The decorator can 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 the residential interior decoration project, the decorator shall check and accept it in accordance with the engineering design contract and the corresponding quality standards. After passing the acceptance inspection, the decoration enterprise shall issue a quality warranty certificate for residential interior decoration.
The property management unit shall conduct on-site inspections in accordance with the decoration management service agreement. If it violates laws, regulations and decoration management service agreements, it shall require the decorator and the decoration enterprise to make corrections, and file the inspection records.
Article 31
After the completion of the residential interior decoration project, if the decoration enterprise is responsible for purchasing decoration materials and equipment, it shall submit instructions, warranty sheets and environmental protection instructions to the owner.
Article 32
Under normal use conditions, the minimum warranty period for residential interior decoration and renovation projects is two years, and the anti-leakage for kitchens, bathrooms and exterior walls that require waterproofing is five years. The warranty period is calculated from the date of completion and acceptance of the residential interior decoration project.
Chapter VII Legal Responsibilities
Article 33
The decorator shall be responsible for repairing and compensating for the blockage of pipes, water leakage, water and power outage, and damage to items caused by the interior decoration activities of the residence; if it is the responsibility of the decoration enterprise, the decorator may seek compensation from the decoration enterprise.
If the decorator dismantles and alters the 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 public space due to residential interior decoration activities and causes damage to public parts and facilities, the urban real estate administrative department shall order it to make corrections, and if losses are caused, it shall be liable for compensation according to law.
Article 35
If the decorator fails to declare and register for residential interior decoration and renovation 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 1,000 yuan.
Article 36
If a decorator violates the provisions of these Measures and entrusts a residential interior decoration project to an enterprise that does not have the 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 1,000 yuan.
Article 37
If a decoration enterprise purchases by itself or recommends to the decorator the use of decoration materials that do not meet the national standards, causing air pollution exceeding the standard, the urban real estate administrative department shall order it to make corrections, and if losses are caused, it shall be liable for compensation according to law.
Article 38
Any one of the following behaviors in residential interior decoration activities shall be ordered to make corrections and fined by the urban real estate administrative department:
(1) If a room or balcony without waterproof requirements is changed into a bathroom or kitchen, or a brick or concrete wall connecting the balcony is removed, the decorator shall be fined not less than 500 yuan but not more than 1,000 yuan, and the decoration enterprise shall be fined A fine of not less than 1,000 yuan but not more than 10,000 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 1,000 yuan but not more than 5,000 yuan;
(3) If the heating and gas pipelines and facilities are dismantled and modified without authorization, the decorator shall be fined not less than 500 yuan but not more than 1,000 yuan;
(4) If the original design unit or the design unit with the corresponding qualification level has not put forward the design plan, and the floor load exceeds the design standard or specification without authorization, the decorator will be fined more than 500 yuan and less than 1,000 yuan, and the decoration The enterprise shall be fined not less than 1,000 yuan but not more than 10,000 yuan.
Article 39
Without the approval of the administrative department of urban planning, the construction of buildings and structures in the interior decoration of residential buildings, or the unauthorized modification of the facades of residential buildings, or the opening of doors and windows on non-load-bearing external walls, shall be subject to the administrative department of urban planning in accordance with the ” Urban Planning Law and relevant regulations stipulate punishment.
Article 40
Decorators or decoration companies who violate the “Regulations on Quality Management of Construction Projects” shall be punished by the construction administrative department in accordance with relevant regulations.
Article 41
Where a decoration enterprise violates the relevant national safety production regulations and safety production technical regulations, fails to take necessary safety protection and fire-fighting measures in accordance with the regulations, uses open flames and welding operations without authorization, or fails to take measures to eliminate hidden dangers of construction safety accidents, The administrative department of construction shall order it to make corrections and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification and be fined not less than 10,000 yuan but not more than 30,000 yuan; if a major safety accident is caused, the qualification shall be reduced grade or revoke qualification certificate.
Article 42
If the property management unit discovers that the decorator or the decoration enterprise has violated the provisions of these measures and fails to report to the relevant department in time, the real estate administrative department will give a warning and impose a decoration management service fee of 2 to 3 yuan as agreed in the decoration management service agreement. times the fine.
Article 43
If the staff of the relevant departments fail to deal with it in time after receiving the report from the property management unit on the illegal behavior of the decorator or the decoration company, or neglect their duties, they shall be given administrative sanctions according to law.
Chapter VIII Supplementary Provisions
Article 44
The project investment is less than 300,000 yuan or the construction area is 300 square meters
Below, non-residential decoration activities that do not need to apply for a construction permit shall be implemented with reference to these measures.
Article 45
The management of the decoration project before the residential completion acceptance is carried out in accordance with the “Regulations on the Quality Management of Construction Projects”.
Article 46
The people’s government construction administrative departments 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 of the State Council is responsible for interpreting these measures.
Article 48
These measures shall come into effect on May 1, 2002.
