(Adopted at the Twenty-eighth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on May 21, 2009)
To further clarify the safety liabilities of house leasing, strengthen the safety administration of leasing houses and protect people’s lives and properties, these Decisions are made according to laws, regulations and relevant provisions as well as in consideration of the actual circumstances of this municipality:
1. Within the administrative areas of Shenzhen, all lessors and lessees of houses for production and business purposes (including various types of commodity markets and stalls as well as counters), working offices, dwelling houses and other houses shall strictly observe the laws, regulations and provisions on house renting management, take relevant safety responsibilities, and accept the supervision and management of relevant administrative departments.
2. Anyone who wants to rent out a house shall have the ownership certificate of the house or other documents required by the municipal government.
Any house owner who entrusts another person to rent out a house shall sign a written commission agreement with the trustee to clarify each safety responsibilities. Sub-lessors, persons who commit virtual house renting and house lenders shall take the security liabilities as lessors.
3. The lessor shall ensure that the building for renting, its entrances and exits, passageways and facilities of fire, gas and electricity meet the requirements of relevant laws, regulations and the safety standards made by relevant administrative departments. Relevant licenses or approval documents shall be obtained if they are required by laws and regulations.
Within three months from the date when these Decisions are adopted, the municipal government shall reorganize, interpret and announce the security standards for leasing houses, and shall provide guidance and services for the lessors to fulfill their security liabilities.
4. The lessors shall check the leased house about the using situation and the purpose, and shall entrust another person to check if he can not do it personally for objective reasons. The lessee shall cooperate in the check.
If the lessee uses the house to do production or operation, the lessor shall ask him to present relevant certificates for fire prevention and the business license or operation license.
The lessor shall report to the comprehensive administrative agency of leasing houses or relevant administrative departments about the hidden safety problems of the leasing house and the activity of lessee if he changes the use of house without authorization where the lessor can terminate the house leasing contract according to law.
Both the lessor and lessee shall assist and cooperate with relevant administrative departments to carry out safety inspection and administration, and shall provide relevant materials and information according to the fact.
5. The lessor and lessee shall use the model texts of house leasing contract and entrusting or agency contract of house leasing. The model contract texts shall be drawn out and issued by Shenzhen Municipal Administrative Agency on House Leasing jointly with the Municipal Department of Safety Production and the Administrative Department of Industry and Commerce within three months from the date when these Decisions are adopted. The model texts shall clearly specify the security liabilities of the lessor and the lessee.
The lessor and lessee shall specially mark out the change to the clause of the model contract texts, and may not change any clause concerning security liabilities.
6. The lessee shall, according to laws, regulations and house leasing contract, use the leasing house safely and properly, and may not change its structure or use.
When discovering any hidden safety problem of the leasing house, the lessee shall immediately inform the lessor and report it to the comprehensive management agency of leasing house or other relevant administrative departments.
7. The municipal and district governments shall establish and strengthen safety supervision and coordination mechanism on house leasing, and shall designated a relevant competent authority to organize joint law enforcement as leader.
Relevant departments, such as the department of safety production, house leasing, public security, fire protection, construction, environmental protection, health, city planning, industry and commerce, culture, urban administrative and comprehensive law enforcement, trade and industry, land, quality supervision and food and drug supervision, shall perform administrative duties strictly according to law, and supervise lessor, lessee and other person responsible to fulfill their respective security liabilities.
8. Relevant departments, such as the department of public security, fire protection, land, construction, city panning, industry and commerce, urban administrative and comprehensive law enforcement and the comprehensive management agency of leasing houses, shall establish report registration system to register the reports about the hidden safety problems of leasing houses and unauthorized changes of use, and shall deal with the reports timely by law.
When the department of fire protection, safety production, city planning and the comprehensive management agency of leasing houses receives a report about or discovers a hidden safety problem of leasing house, it shall order the lessor or the lessee to solve the problem within a limited time according to their respective liabilities and give punishments according to law; if the hidden safety problem is serious, it shall order to stop using the leasing house or seal up the house, and give punishment according to law.
The municipal government shall formulate specific standards of punishments and the amount of fine separately according to law.
9. The three parties, which are, comprehensive management agency of leasing houses, the lessor and the lessee shall sign a responsibility letter about the safety management of the leasing house to clarify the three parties’ respective safety liabilities.
The comprehensive management agency of leasing houses shall carry out safety inspection on leasing house at regular intervals.
The comprehensive management agency of leasing house and other relevant administrative departments shall strengthen the propaganda and education of safety knowledge of leasing houses to improve the safety awareness of lessors and lessees.
10. Enterprises of electricity or gas supplying shall, in accordance with relevant laws and regulations, issue users security manuals to propagandize the safety use knowledge of electricity and gas, and shall regularly examine whether the users are using electricity or gas safely in leasing houses. If a potential safety hazard is discovered, the user shall be notified to rectify the problem in writing. If a serious hidden problem endangering safety exists in a leasing house, safety protection measures such as suspending the electricity or gas supply shall be taken.
If the property management enterprise discovers a hidden problem endangering safety, it shall report to the comprehensive management agency of leasing house or another relevant administrative department in time and inform the lessor and lessee of the leasing house.
11. It is encouraged for insiders to report to relevant authorities of the illegal activities violating the safety management regulations on leasing houses. The authority concerned may give appropriate rewards to the reporter thereof. Specific measures on the rewards for reporters shall be otherwise formulated by the municipal government.
12. If a lessor or lessee fails to fulfill his security liabilities, thereof causing body injury or property loss to another person, the victim is entitled to ask the lessor or lessee to bear corresponding compensation liability according to law.
In case that relevant administrative department, an enterprise, or another social organization has paid for compensation when dealing with the safety accident, it shall have the right to claim for recovery to the lessor or the lessee according to law.
If a lessor or lessee violates the provisions of security management, he shall be imposed penalty of public security by the authority of public security, or be investigated for criminal liability according to law when there is a crime.
13. In case that a state organ, public institution or state-owned enterprise fails to fulfill its security liabilities as lessor or lessee, the person liable shall be imposed administrative sanction according to law, and shall be investigated for criminal liability according to law when there is a crime.
If the staff of an administrative department, such as the department of public security, fire prevention, safety production, state-owned land, construction, panning, industry and commerce, urban management and comprehensive law-enforcement, or of the comprehensive administrative agency of leasing houses fails to solve the hidden safety problem properly, he shall be imposed administrative sanction according to law, and shall be investigated for criminal liability according to law when there is a crime.
14. These Decisions shall come into effect as of the date of promulgation.
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