Can the Housing Repair Fund be paid directly to the Housing Authority?

Housing repairs** actually include the use of housing utilities** and the maintenance of the house itself**. The special use of housing public facilities**referred to as the special **, which is used for the renewal and transformation of the common parts of the property, public facilities and equipment, etc., shall not be diverted for other purposes. The principle of "money goes with the house" is implemented, and when the house is transferred, the balance of funds in the account is also transferred to the new owner of the house.

China's housing maintenance fund system began in 1998, and in 2004, the housing maintenance fund evolved into a fee that must be paid when applying for a property ownership certificate. The standard of payment has also been changed from the original"Pay at a rate of 2%-3% of the purchase price"It became 2008"Pay 5%-8% of the cost per square meter of residential building installation project"。In accordance with the provisions of the 2007 revised "Measures for the Management of Special Residential Maintenance Funds", public maintenance ** is specially used for the maintenance of public facilities in the community, which is shared by all owners.

However, until the owners' committee is formed, the funds are generally held in escrow by the real estate administrative authority. [1]

The name of housing maintenance ** has changed several times over the years, in 1998, it was called housing maintenance**, and then changed to commercial housing public maintenance**, in 2007, according to the Ministry of Construction and the Ministry of Finance jointly issued Order No. 165, and finally [special residential maintenance funds].

If the housing maintenance cannot be handed over to the housing authority, it shall be handed over to the property management service company for safekeeping.

Legal analysis: 1. Usually the maintenance is handed over to the real estate developer, and many real estate source carriers will directly give you an account, which only needs to be transferred to the designated account according to the specified standard amount, and there is no other responsible procedure, but the housing maintenance funds in some areas are managed by the housing authority. 2. There are relevant regulations in the management of property maintenance, and all those who set up a community owners' committee must open an account at the bank designated by the owners' committee, and deposit the housing Uyghur split nuclear repair into it, and use it according to the regulations, and be supervised by the relevant departments of the housing authority.

Legal basis: Measures for the Management of Special Residential Maintenance Funds

16th housing special maintenance funds after the transfer of the account management unit, by the owners of the General Assembly to decide. The general meeting of owners shall establish a special management system for residential maintenance funds.

The special residential maintenance fund account opened by the general meeting of owners shall be subject to the supervision of the competent department of construction (real estate) of the people's government directly under the Central Government, city and county where it is located.

Article 17 If the balance of the special maintenance fund for the owner's sub-account is less than 30% of the amount deposited in the first installment, it shall be renewed in a timely manner.

If a general meeting of owners is established, the renewal plan shall be decided by the general meeting of owners.

If the general meeting of owners is not established, the specific management measures for the renewal shall be formulated by the competent departments of construction (real estate) of the municipalities directly under the Central Government, cities and counties in conjunction with the financial departments at the same level.

No, the Housing Authority is only helping to supervise and keep it. Repairs** belong to all owners and they are able to decide which unit to keep in their custody, usually with the Housing Authority. If there is an owners' committee in the community, you can directly ask the owners' committee to go to the bank to open a special account for maintenance, and then deposit the maintenance ** into the account and let the housing authority help supervise.

When the warranty time of the house has passed, it can be repaired and replaced with the change money, and the scope of maintenance includes the main body, public facilities and public areas. The main body mainly refers to the beams, roofs, floors and columns. Common areas include:

Corridors, aisles, stairwells, exterior walls, etc. Public facilities include firefighting, elevators, plumbing, and garages.

The application is a complicated procedure for using the **, and it requires the consent of more than half of the owners before it can be executed. If there is no owners' committee in the community, it should be handled by the property. If you don't have a property, you can apply for it with the help of the community.

Each department will conduct a review and appraisal, and the sotan section type can only be used after the procedure has been passed.

1. The conditions that must be met for the use of house maintenance**

1. The special maintenance project is fully collected in place, and the maintenance project is in line with the scope of maintenance;

2. The warranty period of the public part and the public facilities and equipment has expired;

3. If the property management area or all the owners are involved, it has been approved in writing by the general meeting of owners.

Second, the use of property maintenance** are:

1. The purpose of property maintenance is mainly for the maintenance and renewal of the main structure, public parts and public facilities and equipment of the house after the expiration of the housing warranty period.

2. The maintenance funds can only be used when the public parts, common facilities and equipment of the property are repaired and updated after the expiration of the warranty period. Specific owners share the proportion of expenses according to the criteria for determining voting rights.

3. When the maintenance funds are idle, it is forbidden to use them for other purposes except for the purchase of treasury bonds or risk-free financial management.

Legal basis: Measures for the Management of Special Residential Maintenance Funds

Article 7 The owners of commercial residences and non-residential owners shall deposit special residential maintenance funds in accordance with the construction area of the property they own, and the amount of special residential maintenance funds deposited in the first phase per square meter of construction area shall be 5% to 8% of the cost per square meter of local residential construction and installation projects. The competent departments of construction (real estate) of the people's governments of municipalities, cities and counties shall, according to the situation of the region, reasonably determine and announce the amount of special maintenance funds for the first phase of residential buildings per square meter of construction area, and adjust them in a timely manner.

Article 8 ** Public housing, in accordance with the following provisions of the deposit of special residential maintenance funds: (1) the owner in accordance with the construction area of the property to deposit special residential maintenance funds, per square meter of construction area to deposit the amount of the first phase of residential special maintenance funds for 2% of the cost of local housing reform. (2) The sales unit shall withdraw the special residential maintenance funds from the sales price in a lump sum according to the sales price of multi-storey residential buildings not less than 20% of the sales price and high-rise residential buildings not less than 30% of the sales price.

Legal analysis: the deed tax and maintenance of the new house are generally handed over to the developer when the off-plan house is delivered, and there is no need to pay tax when buying the house, that is, if the off-plan house is handed over after two years, then the deed tax and maintenance ** will be paid after two years**, in fact, the deed tax and maintenance ** are collected by the housing authority, but because of the complexity of individual handling, it is generally handed over to the developer, and then handed over to the housing authority by the developer, and then the property right certificate is processed.

Legal basis

Deed Tax Law of the People's Republic of China

Article 1 Units and individuals who transfer the ownership of land or houses within the territory of the People's Republic of China are taxpayers of deed tax and shall pay deed tax in accordance with the provisions of this Law.

Article 2 The term "transfer of land and housing ownership" as used in this Law refers to the following acts:

1) the transfer of land use rights;

2) the transfer of land use rights, including **, gifts, and exchanges;

3) Sale, gift, and exchange of houses.

The transfer of land use rights in item (2) of the preceding paragraph does not include the transfer of land contracting and management rights and land management rights.

Where the ownership of land or houses is transferred by means of investment (shareholding), debt repayment, transfer, reward, etc., deed tax shall be levied in accordance with the provisions of this Law.

Article 3 The deed tax rate shall be 3 to 5 percent.

The specific applicable tax rate of deed tax shall be proposed by the people of provinces, autonomous regions and municipalities directly under the Central Government within the range of tax rates specified in the preceding paragraph, and shall be reported to the Standing Committee of the People's Congress at the same level for decision, and shall be reported to the Standing Committee of the National People's Congress and the People's Congress for the record.

Provincial Chimin, autonomous regions, and municipalities directly under the Central Government may determine differential tax rates for the transfer of ownership of different entities, different regions, and different types of housing in accordance with the procedures provided for in the preceding paragraph.