The Beijing Municipal Commission of Housing and Urban-rural Development, the Municipal Public Security Bureau and other departments jointly issued a notice to regulate the management of
short-term rental housing. The new regulations on
short-term rental housing in the
capital functional core area are prohibited.
Joint law enforcement by relevant departments
In recent years, a large number of residential houses in residential communities have been rented out in the form of "homestays" and "apartments". At the same time, they have also caused public order and nuisance issues, which have caused a large number of residents to complain.
Yesterday, the Beijing Municipal Commission of Housing and Urban-rural Development, the Municipal Public Security Bureau, the Municipal Internet Information Office, and the Municipal Bureau of Culture and Tourism formally issued a notice to regulate the management of short-term rental housing.
The notice clearly stated that short-term rental houses are prohibited from operating in the functional core area of the capital.
To operate short-term rental housing in other areas, it is necessary to comply with the management agreement of the community. If there is no management agreement, the written consent of the property committee, property management committee or other owners of the building shall be obtained.
In addition, the notice also clarifies the responsibilities of short-term rental housing operators, Internet platforms, tenants, property service companies, and territorial management departments.
This notice will come into effect on February 1 next year.
【Business conditions】
No community management agreement requires written consent from the property management committee of the property committee or the same building owner
The notice first clarified the scope of short-term rental housing included in the management, that is, the use of Beijing's state-owned land for planning purposes as housing in residential quarters, daily or hourly charges, and accommodation and rest services.
Lou Jianbo, director of the Real Estate Law Research Center of Peking University, pointed out that by definition, this scope does not include rural houses.
“Country homes can promote rural economic development and increase villagers’ income. At the same time, because the housing space used to operate country homes is relatively independent, there will be no problems such as nuisance and public security caused by urban homestays. Last year, Beijing issued a document to encourage and regulate Country house development."
Different from the draft published in August this year, the official notice also clarified that short-term rental housing in Beijing will be managed differentiated by region, and short-term rental housing is prohibited in the functional core area of the capital.
To operate short-term rental housing in other areas, it is necessary to comply with the management agreement of this community. If there is no management agreement, the written consent of the owners committee and the property management committee or the written consent of other owners in the building shall be obtained.
At the same time, the operator must obtain the written consent of the owner of the rental housing; sign a security responsibility guarantee with the local police station; and notify the community property service company in writing. If there is no property service company, notify the community neighborhood committee in writing.
In addition, the house must meet the safety conditions of construction, fire protection, public security, and health.
【Verification Requirements】
The operator shall check the identity information of the lodging staff face to face and declare and register
In many homestays or short-term rental houses, tenants do not need to meet with the operator when they check in. After booking through the Internet platform, they can directly obtain the door lock code to enter the house.
The notice clarifies the safety responsibilities of short-term rental housing operators. The operators should check the ID information of the residents face to face before the residents move in, and immediately declare the registration information through the prescribed information system.
The content of the registration information includes: the name of the tenant, the type of ID, ID number, residence time, effective contact information, etc.
Operators are also not allowed to rent houses to people without legal and valid identity certificates.
If a house is rented out in violation of the regulations to a person without an identity document or is not registered in accordance with the regulations, the public security and other relevant departments shall be punished in accordance with the "Public Security Administration Punishment Law" and the "Anti-Terrorism Law".
At the same time, the notice also clarified the verification responsibility of the Internet platform in the management of short-term rental housing.
The Internet platform that provides short-term rental housing information release should verify the owner’s identity certificate, operator’s identity certificate, housing ownership certificate, public security responsibility guarantee and other materials provided by the short-term rental housing operator, verify the housing situation, register and verify the identity of the operator , Register the identity information and effective contact information of the person signing the transaction order and the actual accommodation personnel on a person-by-person basis, and submit the accommodation personnel, housing and other information according to the requirements of the relevant departments.
Internet platforms must not provide information publishing services for short-term rental housing that does not meet the requirements.
Violations of the regulations shall be punished by public security, cybersecurity and informatization departments in accordance with the Cyber Security Law, the Anti-Terrorism Law, and the Electronic Commerce Law.
【Regulatory Responsibility】
If illegal operation of streets is found, joint law enforcement should be organized in time
Earlier, a reporter from the Beijing News found in an interview that for residents reporting on the operation of homestays in residential buildings and harassing the residents, the sub-district office and community neighborhood committees have stated that they have no law enforcement powers and can only conduct harassment disputes between neighbors. Mediation, "If there is a violation of the law, it will be reported to the police station, and the owner can also call the police directly."
Legal experts said that if they are indeed disturbed by noise due to the existence of short-term rentals, the affected residents can choose to legally safeguard their rights by negotiating, lodge a complaint with the competent department of ecological environment and public security organs, and request the ecological management department or public security organ to order them to rectify according to law. Or impose administrative penalties.
In the future, properties, streets, etc. will also have management and supervision responsibilities in the standardized management of short-term rental housing.
The notice clearly stated that if a real estate service company or housing management unit finds illegal short-term rental housing in a residential area, it should discourage and stop the illegal or illegal behavior, and if the discouragement or stop is invalid, it should promptly report to the relevant administrative department, subdistrict offices, and township people. government.
Sub-district offices and township people’s governments shall strengthen the supervision and inspection of short-term rental housing within their jurisdiction, and if they find illegal operation of short-term rental housing, they shall promptly organize local public security, housing and urban-rural construction (housing management), cultural tourism and other relevant administrative departments to jointly enforce the law. .
■ Interpretation
The problem of short-term rental housing disturbing residents is outstanding
"Compared with hotels and inns, short-term rental houses do not register tenants in accordance with the requirements of public security agencies; compared with long-term rental houses, they do not sign a house lease contract, and do not register for rental contracts. Moreover, the price of short-term rental houses is low. , The location is better, and the procedures are few, which caters to the needs of some travellers to "save money and live shortly." Zhao Qingxiang, secretary general of the Beijing Real Estate Agency Industry Association pointed out that this is also the reason for the rise of a large number of "city homestays" in recent years.
He pointed out that short-term rental houses such as city bed and breakfasts have also brought about many problems, which urgently require standardized management.
"Some operators do not meet the guests. The phenomenon of'booking for one person, staying for multiple people', booking by Zhang San and staying by Lee,'only renting out and not managing', etc. is very common. Who is staying in the room? What is the landlord? , Operators and short-term rental network platforms are not in control, and the management department does not know that short-term rental housing that is out of control can easily become a hiding place for lawbreakers, seriously affecting public security."
The more direct impact of short-term housing is that the problem of nuisance to the residents is prominent.
"B&Bs and short-term rental houses have high mobility of tenants, variable check-in time, mixed personnel, night activities, and non-compliance of public ethics, and other disturbances frequently occur. Some seriously affect the normal living and life of residents in the community, causing a large number of complaints and reports."
From a long-term perspective, Zhao Qingxiang believes that, on the one hand, the overall housing rental market in Beijing is still in short supply. If houses in residential communities are used for short-term rental operations, they will lose their long-term residential function and further aggravate the contradiction between supply and demand in the rental market.
In addition, a large number of short-term rental housing operators are individual "second landlords" outside of supervision. Long-term and short-term rentals are concurrently operated or short-term rentals under the banner of long-term rentals, which will seriously disrupt the order of the housing rental market.
It believes that stipulating the necessary conditions for short-term rental housing and the management requirements for short-term rental operations, and clarifying the responsibilities of short-term rental housing lessors, operators, Internet platforms, tenants, property service companies, territorial management departments, and other related parties, are from the source To solve the contradictions and problems caused by short-term rental housing, it also responds to the strong calls of the people to strictly regulate short-term rental housing.
Obtain written consent from the same building owner in compliance with the provisions of the Civil Code
According to Lou Jianbo, director of the Real Estate Law Research Center of Peking University, when soliciting opinions, operators of online platforms and short-term rentals should obtain the original requirements for “compliance with the management regulations of the community or decisions of the owners’ assembly” and “without management protocols or decisions of the owners’ assembly”. The written consent of the other owners in the building" objected loudly and considered it too harsh.
"However, the "Civil Code" stipulates that owners shall not violate laws, regulations and management regulations by changing their residences into operating houses. In addition to complying with laws, regulations and management agreements, owners who change their residences into operating houses shall With the unanimous consent of the interested owners." He believes that the notice is fully in line with the spirit of the "Civil Code" and is a guarantee and respect for the owners' residential rights.
He said that there are also examples for such standardized management requirements.
According to his introduction, major international cities basically have strict regulatory requirements for the use of residential quarters to operate short-term rental houses or homestays, with special emphasis on the protection of the rights and interests of neighboring rights holders and public security interests, and basically implement prior administrative licenses. Or the registration and filing system, like the hotel industry, requires that check-in information be reported to the public security organs in a timely manner, and both strengthen the responsibility of network platforms and operators.
"From the perspective of other cities in China, Chongqing and Zhuhai stipulate that the use of residential accommodation for operating homestays and other accommodation services should be approved by interested owners. Hebei and Jiangsu also stipulate that short-term rental operations should be managed with reference to the hotel industry." Lou Jianbo said.
Beijing News reporter Wu Jiaoying