The "Beijing Housing Leasing Regulations" (hereinafter referred to as the "Regulations") have been adopted by the 39th meeting of the Standing Committee of the 15th Beijing Municipal People's Congress on May 25 this year, and will come into force on September 1.
The "Regulations" has 6 chapters and 75 articles, including general provisions, leasing and leasing, leasing operations and services, cultivation and development and supervision and management, legal responsibilities and supplementary provisions.
On August 17, at the symposium on the implementation of the "Regulations" held by the Standing Committee of the Beijing Municipal People's Congress, the heads of relevant departments of the Standing Committee of the Beijing Municipal People's Congress explained the background, legislative ideas and main contents of the "Regulations". .
The reporter learned that Beijing's legislation on housing leasing this time highlights the people's livelihood attributes of housing, and writes the requirements of "housing, housing, not speculating, renting and purchasing, and job-housing balance" into the "Regulations"; at the same time, it stipulates more Precise management measures require relevant government departments to strengthen rental price monitoring, establish and improve early warning mechanisms, and maintain the stability of the rental market.
In terms of the main content of the "Regulations", Beijing's legislation has clarified various provisions. For example, in terms of protecting the lease relationship, it is stipulated that the lessor shall not resort to violence, threats, or the use of water or power cuts to forcibly terminate the contract or repossess the house in advance.
There are also restrictions on the deposit and the rent collected in a single time. Generally, the deposit required to be collected shall not exceed one month's rent, and the amount of rent collected at a single time shall generally not exceed three months' rent.
In addition, the "Regulations" also stipulates the conditions and requirements of rental houses, and clarifies the relevant measures for the management of short-term rental houses.
At the meeting, the Beijing Municipal Bureau of Justice, the Municipal Housing and Construction Commission and other departments introduced the formulation of the relevant supporting policies of the "Regulations".
According to the introduction of the Municipal Housing and Construction Commission, at present, the template of the employee information card and the model text of the housing condition statement have been formulated; the model text of the housing lease contract has been preliminarily revised; the regulations on the management of rental deposits and the management of the filing of rental intermediaries have been preliminarily drafted. Comments from relevant departments are being sought.
Focus 1
Why does Beijing issue "Housing Rental Regulations"?
In recent years, Beijing's housing rental market has developed rapidly, and it has become an important way for more citizens, especially new citizens, to live and live.
However, the huge scale of housing leasing and the complex housing leasing relationship have led to a large number of conflicts and disputes. The demand for housing leasing remains high, and the problems of "black intermediaries", "partitioned rooms" and "formaldehyde rooms" have been repeatedly banned. "Second landlords" run away, Chaos such as "egg shell bursting", driving up rents, and publishing false listings have occurred from time to time.
The report of the 19th National Congress of the Communist Party of China pointed out, "Adhere to the positioning that houses are for living, not for speculation, and accelerate the establishment of a housing system with multi-subject supply, multi-channel security, and simultaneous renting and purchasing, so that all people can live." The Party Central Committee and the State Council have made clear arrangements to vigorously develop the housing leasing market, accelerate the promotion of housing leasing legislation, and protect the legitimate rights and interests of leasing stakeholders.
According to the heads of relevant departments of the Standing Committee of the Municipal People's Congress, after the research and deployment of the Standing Committee of the Municipal People's Congress, in June 2020, the meeting of the directors of the Standing Committee of the Municipal People's Congress decided to approve the project.
In November 2021, March and May 2022, the Standing Committee of the Municipal People's Congress reviewed the Regulations three times.
According to him, during the deliberation stage of the Standing Committee of the Municipal People's Congress, members of the Standing Committee contact representatives, members of the Standing Committee Director's Meeting contact the working mechanism of the Standing Committee of the District People's Congress and other methods to solicit opinions. Consultants for the construction of the rule of law, solicited opinions from grass-roots legislative contact points and all the deputies to the municipal people's congress, and consulted the National People's Congress and relevant departments of the state ministries and commissions on some issues.
Focus 2
What are the main ideas of housing tenancy legislation?
According to the person in charge of the relevant departments of the Standing Committee of the Municipal People's Congress, the "Regulations" adhere to the people-centered approach and highlight the people's livelihood attributes of housing.
First of all, the requirements of "housing, housing, not speculating, renting and purchasing, and job-housing balance" are written into the "Regulations", and housing leasing is included in the overall consideration of improving the housing system, and accelerating the cultivation and standardization of the development of the housing rental market. , which reflects Beijing's firm determination to promote the realization of the capital's people's living and living.
This legislation adheres to the equal emphasis on development and regulation, and the housing rental system is more complete.
While strengthening the government's overall responsibility for housing supply and improving the level of urban grassroots social governance, it emphasizes the responsibility of market entities and safeguards the legitimate rights and interests of leasing parties.
At the same time, the "Regulations" strengthen bottom-line thinking and make management measures more precise.
According to the "Price Law", "Emergency Response Law" and other laws and regulations, it is stipulated that relevant government departments should strengthen the monitoring of rental prices, establish and improve early warning mechanisms, maintain the stability of the rental market, and highlight bottom-line response and joint control.
Focus 3
How to manage housing lease?
What measures does the rental service provide?
The "Regulations" has 6 chapters and 75 articles, including general provisions, leasing and leasing, leasing operations and services, cultivation and development and supervision and management, legal responsibilities and supplementary provisions. Management system, optimize service measures", "protect leasing relationship, standardize leasing behavior", "strengthen industry management, standardize leasing market" and so on.
In terms of the scope of application, the "Regulations" include all housing except urban public housing and public rental housing with special management requirements. .
It is stipulated that the supply scale of rental housing should be reasonably planned, the spatial layout should be optimized, the balance of work and housing should be promoted, and the supply of rental housing should be increased through multiple channels through new construction, auxiliary construction, and reconstruction.
Regarding the management system and service measures for housing leasing, the "Regulations" stipulate that a governance structure should be established in which urban areas are coordinated, towns and villages are responsible, and villages are assisted.
The "Regulations" also put forward provisions on strengthening risk management and control, clarifying that in the event of emergencies or emergencies that may lead to systemic risks in the housing rental market, the municipal and district governments and their relevant departments may issue necessary housing rental management and control measures in accordance with the law; The municipal housing construction department shall strengthen the monitoring of housing rental prices and establish and improve relevant early warning mechanisms.
In the process of management and service, the "Regulations" strengthen the empowerment of science and technology, and stipulate that the municipal housing and construction department should establish and improve the Beijing housing rental management service platform, provide services such as contract online signing, registration and filing, information inquiry, and handle residence permits and provident funds for the common people. To facilitate extraction, etc.
In addition, the Regulations also mention improving financial support.
On the one hand, the national financial policy is implemented to encourage commercial banks to provide financial services for the construction and operation of rental housing; on the other hand, an insurance mechanism is introduced to encourage lessors and lessees to purchase rental housing property insurance and personal accident insurance.
Focus 4
How is the lease relationship protected?
These acts of the lessor are to be prohibited
The "Regulations" stipulate the protection of lease relationships, clarifying that the leasing parties must consciously perform statutory and agreed obligations, and their legitimate rights and interests are protected by law; it advocates the signing of long-term lease contracts to establish a stable lease relationship; establishes and improves multiple dispute resolution mechanisms to further Clarify the responsibilities of relevant departments and market players to resolve disputes, etc.
The Regulations specify the requirements for rental housing conditions.
It is required that houses should comply with safety regulations and standards such as construction, public security, and indoor air quality, and have basic living conditions such as water supply and power supply.
At the same time, the code of conduct for lessors and lessees shall be clarified.
It is stipulated that the lessor is responsible for the safety management of the leased house and its ancillary facilities, and may not resort to violence, threats, or by means of water or power cuts, forcibly rescinding the contract or closing the house in advance.
It is stipulated that the lessee shall use the rental housing and its ancillary facilities safely and reasonably, and, as a property user, abide by the relevant regulations on property management and community management regulations.
In addition, the "Regulations" also put forward provisions on strengthening the management of short-term rental housing.
In response to the problems of public security and disturbance caused by short-term rental housing, the "Regulations" stipulates that regional differentiated management of short-term rental housing is implemented, and it is particularly clear that short-term rental housing is prohibited from renting out in the functional core areas of the capital.
For short-term rental housing in other urban areas, it shall comply with the Beijing Municipal Management Regulations and the community management regulations, and sign a public security responsibility guarantee.
Focus 5
Legislation to regulate the rental market deposit, single rent has a limit
The legislation also made relevant provisions for strengthening industry management and regulating the leasing market.
First, the "Regulations" require strengthening the management of housing leasing operations.
For enterprises engaged in subletting business, the required deposit shall generally not exceed one month’s rent, and the amount of rent collected at a time shall generally not exceed three months’ rent. If the number exceeds the specified number, a housing leasing enterprise shall be established.
The "Regulations" also make provisions on strengthening the management of real estate brokerages, stipulating that real estate brokerage agencies shall not carry out the business of housing subletting, and the commission charged shall generally not exceed one month's rent, and clarifies the requirements for standardizing the practice.
In terms of strengthening the management of Internet information services, the "Regulations" require that the responsibilities of Internet information platforms should be consolidated, and that platforms should be responsible for identity verification, registration, information review and information submission, so as to effectively protect the rights and interests of consumers.
■ Follow
Beijing will carry out special law enforcement on Internet rental platforms, long-term rentals, group rentals, etc.
Ni Na, deputy director of the Beijing Municipal Commission of Housing and Urban-Rural Development, introduced at the meeting that the relevant supporting policies of the "Regulations" have been initially drafted, and the Beijing housing rental management service platform will be launched as scheduled, and will focus on long-term rental, group rental, and rental Internet platforms. Special enforcement.
Rent deposit management regulations and other supporting policies have been preliminarily completed
Ni Na introduced that since the adoption of the "Regulations" on May 25, the Municipal Housing and Construction Commission has stepped up the formulation of supporting policies and piloted the operation of the housing rental platform, and related work has been carried out in an orderly manner.
In terms of supporting policy formulation, the Municipal Housing and Urban-Rural Development Commission fully launched the drafting of supporting policies for regulations at the beginning of the year, and organized intermediary industry associations, leading leasing companies, brokerage agencies and Internet platforms to set up supporting policy formulation groups to promote supporting policy formulation.
The Municipal Housing and Urban-Rural Development Commission has sorted out a total of 5 supporting policies that need to be formulated by the commission, and another 8 items need to be continuously improved in the next step.
The 5 supporting policies include the formulation of information card templates for employees of leasing intermediaries, the formulation of model texts of housing condition descriptions, the revision of model texts of housing lease contracts, the formulation of regulations on the supervision of deposit custodial rents, and the relevant regulations on the filing of rental intermediaries.
"At present, the model text of the employee information card template and the housing condition statement have been formulated and released in due course; the model text of the housing lease contract has been preliminarily revised, and comments have been solicited from the Market Supervision Bureau. It is planned to be revised and improved in the near future. Opinions; regulations on rent deposit management and related regulations on filing management of leasing intermediaries have been initially drafted, and opinions from relevant departments such as market supervision and banking and insurance supervision are being solicited." Ni Na said.
The housing rental management service platform will be fully operational
According to Ni Na, since last year, the Beijing Municipal Commission of Housing and Urban-Rural Development has stepped up efforts to improve the city’s housing rental management service platform, sign the rental contract online, verify the information on the Internet platform, share information with relevant departments, and provide tenants with points through the platform to settle down. Provide systematic support for public services such as enrollment of children and children.
In June this year, the upgrade and improvement of the municipal housing rental management service platform completed the acceptance check.
"In order to ensure the stable and smooth operation of relevant functions and ensure the implementation of the "Regulations", our commission has selected Dongcheng District as a pilot project since July, and organized leading enterprises to participate in the pilot work, connecting the platform for trial operation of lease contract online signing and other related functions to ensure the regulations. Implement it on the ground," Ni Na said.
It is reported that from September 1 to the end of the year, after the official implementation of the "Regulations", the Beijing Municipal Commission of Housing and Urban-Rural Development will carry out comprehensive enforcement of the "Regulations" in accordance with the "Regulations", especially for long-term rentals, short-term rentals, group rentals, second landlords, and rental housing. For the first time, Internet platforms, etc. have been included in legislative matters, and special law enforcement has been carried out to seriously deal with violations of laws and regulations by market players.
■ follow up
Beijing Real Estate Intermediary Industry Association:
Cooperate with the supervision of deposit custody and overpaid rent
Zhao Qingxiang, Secretary General of Beijing Real Estate Intermediary Industry Association, said that the housing rental management service platform is the carrier of legal work such as agency filing, personnel real-name, contract online signing, deposit custody, dispute mediation, etc. Beijing Real Estate Intermediary Industry Association will play the role of a bridge and link. , actively participate in and connect with the housing rental management platform.
"As an industry organization such as housing leasing and real estate brokerage, the association formulates and publishes industry service standards, code of conduct, professional ethics and other industry regulations in strict accordance with the regulations, and regularly conducts professional skills training and evaluation of practitioners, relying on existing real estate The People's Mediation Committee for Transaction Disputes conducts industry mediation for housing leasing disputes, cooperates with deposit custody and over-collected rent supervision, and effectively strengthens industry self-discipline." Zhao Qingxiang said.
The association also made the content that practitioners should know and should know in the "Regulations" into a test question bank and put it on the WeChat applet.
In the next step, we will use training assessments, knowledge competitions, and evaluation points to guide and urge practitioners to answer questions online, record and publicize the answering questions, commend good results, and force practitioners to master what they should know and answer. "Regulations", improve the standardization of housing rental services.
Zhao Qingxiang introduced that in response to the learning and publicity needs of different objects such as housing leasing practitioners, real estate brokerage practitioners, lessors, lessees, etc., "We have decomposed the contents of the "Regulations", and produced and distributed housing leasing enterprises in a targeted manner. Compliance The essentials, the compliance essentials of housing rental brokerage agencies, the code of conduct for employees, the typical violations of the lessor, the typical violations of the lessee, the common houses that are strictly prohibited from renting and other publicity materials, and carry out special training.
Xihongmen Town, Daxing District:
Explore the "property-based trusteeship + single-rent management" model of homestead housing
In recent years, Xihongmen Town, Daxing District has developed rapidly in terms of collective land rental housing and rental housing for urban blue-collar workers and fresh graduates.
What changes will the Regulations bring to grassroots governments and enterprises?
Wang Jian, Member of the Party Committee and Deputy Mayor of Xihongmen Town, Daxing District, introduced that in 2017 and 2018, Xihongmen Town built collective rental housing in the mode of agreement-based transfer and independent development, with a total land area of 5.38 hectares and a construction scale of 108,600 square meters. Meter.
The Luneng Lingyu project constructed in the mode of negotiated transfer is positioned as a benchmark project for mid-to-high-end long-term rental housing in Daxing District.
The Entrepreneurial Home is invested and constructed by the town collective joint venture company, and is managed by the model of "government supervision + enterprise operation".
In terms of rural housing leasing management, in order to solve the disorderly population gathering, security problems, and rural governance problems caused by the rental of homestead houses in the urban-rural junction area, Xihongmen Town began to explore the “property” property of homestead houses in key villages in 2019. According to the different subjects of house collection, there are two modes of operation.
One is that the property company collects houses from the villagers, renovates them, and then rents them out to the society.
There is also a housing rental company that collects houses from villagers, renovates them, and then rents them out to the society.
"Currently, the most representative model is the joint governance model of government and enterprises in Jinxingzhuang Village." Wang Jian introduced that the village adopts the governance model of "government support, enterprise leadership, market operation, and benefit sharing" to create a decentralized long-term rental apartment "construction" model. Xinyoumi Community".
At the district level, establish a management process for villagers' self-built house leasing, including housing listing, house safety assessment, rental application and approval, contract filing, and supervision and management, and guide village committees, villagers, enterprises, tenants and other relevant parties to implement them in a standardized manner.
At the town level, CCB Beijing Branch and CCB Housing Beijing Company were introduced to implement the "CCB Youmi Community" project.
CCB Housing Beijing Co., Ltd. signed a house collection contract with the villagers, paid rent to the villagers, obtained the right to use the house, and carried out unified decoration and renovation of the house.
The town government has given certain financial support in the process of house decoration, which is used for the installation of fire safety facilities such as smoke alarms and sprinkler equipment in "single rent" houses, as well as the renovation of water supply and drainage in the village, road renovation, power capacity expansion and other infrastructure facilities. Renovate and add transport facilities such as bus stops.
"After the single-rent management, the villagers' self-built housing rental regulations, floating population regulation regulations, village supporting service regulations, and safety facilities and hidden dangers have increased and decreased." Wang Jian said.
Wang Jian said that the "Regulations" refined and improved the government's overall housing supply, rural housing rental management, and social risk management and control.
Revitalizing idle houses on rural homesteads is an effective means to increase farmers' income and improve land use efficiency.
In the next step, Xihongmen Town will continue to explore a new way to promote rural “community management” through the joint governance of government and enterprises with Jinxingzhuang Village as a pilot project. Incorporate relevant content into village regulations and contracts, and establish and improve the villager self-governance mechanism for homestead housing leasing.
Written by A06-A07/Wu Wei, Chief Reporter of The Beijing News