Guiding opinions on installing elevators in existing multi-storey residential buildings in Beijing

Notice on Printing and Distributing Several Guiding Opinions on Adding Elevators to Existing Multi-storey Residential Buildings in Beijing

People's governments of all districts and counties and relevant units:

In order to improve the use function of existing multi-storey residential buildings in our city and improve the living standards of residents of existing multi-storey residential buildings, according to the relevant national laws, regulations, norms and standards, we hereby formulate and issue the "Several Guiding Opinions on Adding Elevators to Existing Multi-storey Residential Buildings in Beijing", please conscientiously implement it.

Beijing Municipal Commission of Housing and Urban-Rural Development Beijing Municipal Planning Commission

Beijing Municipal Bureau of Quality and Technical Supervision

Beijing Public Security Bureau Fire Department

20 10 year 10 month 1 1 day

Guiding opinions on installing elevators in existing multi-storey residential buildings in Beijing

In order to improve the use function of existing multi-storey residential buildings in our city and improve the living standards of residents of existing multi-storey residential buildings, according to the provisions of relevant national laws, regulations, norms and standards, combined with the actual situation in our city, the following guiding opinions are put forward:

First, urban multi-storey houses that have been built and put into use without elevators can apply for installing elevators if they meet the conditions of this opinion. The application for installing elevators must be put forward by units with corresponding qualifications for safety, applicability and economy.

Two, the city's existing multi-storey residential elevator installation work, follow the owners' voluntary, coordinated interests, safe and reliable, policy support principle, the funds are mainly self-raised, supplemented by other social funds.

Three, residential elevator installation, should be approved by the land ownership unit, by the owner of this building according to the provisions of the "People's Republic of China (PRC) * * *" and "People's Republic of China (PRC) property law * * *". At the same time, the consent of the owner who is directly affected by lighting, ventilation and noise after the elevator is installed in this unit shall be obtained.

Four, agreed to install the elevator owners should reach the following plan:

(a) the addition of elevator engineering cost raising scheme;

(two) the elevator operation and maintenance costs (electricity, maintenance, renewal, management fees) allocation scheme.

(3) Entrustment scheme for elevator operation and maintenance;

The owner may * * * agree to entrust a realty service enterprise to operate and manage the elevator, and the realty service enterprise shall sign a daily maintenance contract with a qualified elevator installation, renovation and maintenance unit to carry out daily maintenance of the elevator. Owners can also directly entrust qualified elevator installation, renovation and maintenance decision-making units to carry out operation management and daily maintenance of elevators. The above scheme shall form a written agreement.

Five, residential elevator after the building spacing, building sunshine, fire safety, building graphic design, structural safety, etc. It shall meet the requirements of relevant codes and standards.

6. The funds needed for adding elevators to residential buildings are mainly raised by the owners themselves; With the consent of the original selling unit of the housing reform, the housing reform can be used.

Seven, residential installation of elevators, should be in accordance with the provisions of this guidance ninth to thirteenth procedures to apply for the relevant examination and approval procedures.

Eight, agreed to add the elevator owners, can entrust the realty service enterprise or other units in writing, as the applicant to apply for the relevant examination and approval procedures.

Nine, residential elevator, such as the original building has reserved elevator shaft, do not need to apply for planning approval. If the elevator shaft is not reserved, the planning approval shall be handled. Before handling the planning permission, the applicant shall entrust a design unit with corresponding qualifications to prepare the design drawings of the construction project and perform the work of soliciting the opinions of the relevant owners. The construction drawing design review of the additional elevator project shall be conducted according to the current construction drawing review procedures.

Ten, the applicant shall, in accordance with the relevant laws and regulations to determine the construction and supervision units, to the construction administrative department for safety and quality supervision and registration procedures, to obtain a construction permit.

Eleven, the applicant shall, within seven working days from the date of receiving the construction permit, handle the fire protection design for the record at the fire supervision institution.

Twelve, before the construction of additional elevators, the elevator installation and construction unit shall, in accordance with the provisions of the "Regulations on Safety Supervision of Special Equipment", inform the administrative department of quality and technical supervision of the start of elevator construction, and declare supervision and inspection after the installation is completed; After the elevator has passed the supervision and inspection, the applicant shall go through the registration formalities with the administrative department of quality and technical supervision.

Thirteen, after the completion of the additional elevator project, the applicant shall go through the formalities for the planning and acceptance of the construction project, and organize the design, construction, supervision and other relevant units to carry out the completion acceptance. After the completion and acceptance, the construction archives shall be handed over to the municipal urban construction archives in a timely manner, and the completion and acceptance shall be filed with the construction administrative department.

Fourteen, the elevator installation process, the elevator installation unit shall comply with the requirements of production safety on the construction site, the implementation of on-site safety protection measures.

15. Part of the property rights increased by adding elevators to existing houses belong to all owners of the building. When the owner of the building transfers the house, he shall inform the transferee of the agreement on the allocation of elevator maintenance fees. The transferee shall assume the rights and obligations of the original owner as stipulated in the agreement from the date of transferee.

Sixteen, planning, construction, quality and technical supervision, fire protection and other administrative departments, the city's existing multi-storey residential elevator projects involved in the relevant examination and approval matters, should be in accordance with the principle of simplification, convenience, to be actively supported. The administrative examination and approval of the planning and construction of the existing multi-storey residential building with elevators shall be handled by the relevant administrative departments of the district (county) where the house is located, and other administrative examination and approval shall be handled according to the authority prescribed by the relevant administrative departments.

Seventeen, the county government should actively carry out and promote the city's existing multi-storey residential elevator installation work, planning, construction and other administrative departments should cooperate. The installation of elevators in existing multi-storey houses should be actively and orderly promoted in combination with the transformation of the old city.

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Explanation of relevant clauses in "Several Guiding Opinions on Adding Elevators to Existing Multi-storey Residential Buildings in Beijing"

Source: website of Beijing Municipal Commission of Housing and Urban-Rural Development Date: 20 1 1-07-04.

After the promulgation of "Several Guiding Opinions on Adding Elevators to Existing Multi-storey Residential Buildings in Beijing" (J.J.F. [20/KLOC-0] No.590) (hereinafter referred to as "Guiding Opinions"), some citizens suggested that the provision in Article 3 that "adding elevators to residential buildings should obtain the consent of the owners directly affected by lighting, ventilation and noise after installing elevators in this unit" belongs to "one-vote veto". After study, this article is now interpreted as follows:

With the rapid development of Beijing's economy and the aging of urban population, residents living in multi-storey houses hope to increase elevators to meet the convenience needs of the elderly, the weak, the sick and the pregnant. Therefore, the Municipal Commission of Housing and Urban-Rural Development, the Municipal Planning Commission, the Municipal Bureau of Quality Supervision and the Municipal Public Security Fire Bureau jointly issued "Several Guiding Opinions on Adding Elevators to Existing Multi-storey Houses in Beijing" on 20 10.

The purpose of formulating and issuing the Guiding Opinions is to provide relevant policy guidance for multi-storey residential owners who are going to install elevators and promote the installation of elevators. The Guiding Opinions supports and encourages owners to unify the idea of investing, managing and balancing the interests of owners, especially those who are greatly affected, through in-depth consultations. After reaching an agreement, they should apply for relevant examination and approval procedures in accordance with the law and carry out elevator installation projects.

The installation of elevators in existing multi-storey houses is a reconstruction project after the completion of residential projects, which involves the occupation of public land in residential areas, the reconstruction of buildings owned by owners, the change of issued administrative licenses, etc., which directly affects the structure and use of existing houses in the installation unit, so it needs to comply with the provisions of the Property Law, the Administrative Licensing Law, the Urban and Rural Planning Law and other relevant laws and regulations.

According to the relevant provisions of the Property Law, the reconstruction of buildings and their ancillary facilities should be approved by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people. According to the relevant provisions of the Administrative Licensing Law, the administrative license obtained by citizens, legal persons or other organizations according to law is protected by law, and the administrative organ shall not arbitrarily change the administrative license that has entered into force. In accordance with the relevant provisions of the Urban and Rural Planning Law, the general plan of the construction project design approved according to law shall not be modified at will; If it is really necessary to amend, the competent department of urban and rural planning shall take the form of hearings and listen to the opinions of interested parties; If the amendment causes losses to the legitimate rights and interests of the interested parties, compensation shall be made according to law.

The owner of this unit who installed the elevator is not only the direct beneficiary of the elevator project, but also the direct affected person. These owners affected by the installation of elevators have obtained property certificates issued by relevant departments. According to the relevant provisions of the Property Law and the Administrative Licensing Law, their housing rights and interests are protected by law. At the same time, the national residential design code does not stipulate that multi-storey residential buildings must be equipped with or added with elevators. Therefore, it is necessary to obtain the consent of the owner of this unit according to the specified proportion to add elevators to existing multi-storey houses. More importantly, the owners of this unit who directly benefit and are affected need to solve the related investment, management and compensation problems through full consultation and research.

The provisions of Article 3 of the Guiding Opinions do not exclude relevant owners from studying related matters through friendly negotiation. On the premise of abiding by laws and regulations, relevant departments will actively support relevant owners to properly solve related problems through friendly consultation.