Is there a regulation for the Housing and Construction Bureau to collect housing maintenance funds?

The legal basis is the document 165 "Measures for the Administration of Special Maintenance Funds for Residential Buildings" jointly issued by the Ministry of Construction of People's Republic of China (PRC) and the Ministry of Finance of People's Republic of China (PRC).

Article 6 of the Administrative Measures clearly stipulates that:

The owners of the following properties shall deposit special residential maintenance funds in accordance with the provisions of these Measures:

(a) residence, except that it is jointly owned by the owners and does not use parts and facilities with other properties;

(2) Non-residential buildings in residential quarters or non-residential buildings connected with single residential structures outside residential quarters.

Therefore, according to national regulations, the purchase of housing must pay special maintenance funds, which is usually called maintenance funds.

Residential special maintenance funds are legally collected, so who will collect them? Article 10 of the Administrative Measures stipulates that:

Before the establishment of the owners' meeting, the residential special maintenance funds deposited by commercial residential owners and non-residential owners shall be managed by the construction (real estate) department of the people's government of the municipality, city or county where the property is located.

The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall entrust local commercial banks as the management banks of special residential maintenance funds accounts within their respective administrative areas, open special residential maintenance funds accounts, and set up sub-accounts with the property management area as the unit according to the house number; If the property management area is not demarcated, an account shall be set up in units of buildings, and a sub-account shall be set up according to the house number.

According to the regulations, before the establishment of the owners' meeting, it will be managed by the construction department where the house is located. When buying a new house, there is definitely no owners' meeting. There is no doubt about this, so the special maintenance funds should be managed by the construction department according to law. Naturally, it is also the responsibility of the construction department to collect special maintenance funds.

Therefore, it is reasonable and legal for the Housing and Construction Bureau to collect special maintenance funds when owners buy houses, which is in line with national policies and systems.