(Promulgated by Decree No.63 of Shenzhen Municipal People's Government on August 6, 1997, revised for the first time under Decree No.118 of Shenzhen Municipal People's Government on July 23, 2002, the second time under Decree No.139 of Shenzhen Municipal People's Government on December 10, 2004, the third time under Decree No.170 of Shenzhen Municipal People's Government on March 23, 2007, the fourth time under Decree No.194 of Shenzhen Municipal People's Government on November 18, 2008, and the fifth time under Decree No. 325 of Shenzhen Municipal People's Government on November 13, 2019.)
Article 1 In order to strengthen the administration of leasing houses in Shenzhen Municipality (hereinafter referred to as the Municipality), safeguard the safety of the leasing houses and maintain the public order of society, these Rules are formulated according to relevant laws and regulations, and in light of the actualcircumstances of Shenzhen.
Article 2 The leasing houses mentioned in these Rules include the leasing houses for residential, industrial, commercial or other use.
The lessor mentioned in these Rules includes the owner, legitimate user, actual manager of the house, and the agency or person entrusted to manage the leasing house.
These Rules shall apply to the administration of leasing house within the administrative area of Shenzhen.
Where there are any rules on the administration of public rental house and industrial house provided by government, such rules shall prevail.
Article 3 The municipal and district people's governments shall strengthen the leadership and coordination of leasing house and population management, establish the sound administration institutions, improve the administration systems, and incorporate administration of leasing house and population into the annual assessment.
Sub-district offices shall strengthen the administration of leasing house and population, and organize sub-district comprehensive administration agency for population and housing and relevant departments to handle relevant administration work.
Article 4 The comprehensive administration agency for population and leasing house shall be responsible for verifying and collecting population information and housing information of the leasing house, identifying the hidden safety hazards of leasing house that can be discovered visually, and assisting functional departments in remediation.
The public security organ shall be responsible for security management of leasing house and population and household management, and directing the collection of population information.
Departments of planning and natural resources, housing and construction, ecological environment, taxation, market supervision, health and hygiene, culture, emergency management, urban administration and comprehensive law enforcement shall manage leasing house in accordance with the law within the scope of their respective statutory responsibilities.
Article 5 The municipal comprehensive administration agency for population and housing shall perform the following leasing house administration duties:
(1) developing, constructing, managing and maintaining the leasing house information management system;
(2) compiling, maintaining and updating housing code information;
(3) directing and supervising the verification and collection of basic population and housing information in each district;
(4) coordinating district to assist functional departments to inspect and notify potential safety hazards in leasing house.
The district comprehensive administration agency for population and housing shall perform the following leasing house management duties within its jurisdiction:
(1) organizing sub-district to compile, maintain and update housing code information;
(2) organizing sub-district to carry out the verification and collection of basic population and housing information;
(3) coordinating with functional departments to inspect and report potential safety hazards in leasing house;
(4) organizing sub-strict to carry out other management services for leasing house.
Basic population information refers to the residence registration information stipulated in theRegulations of Shenzhen Special Economic Zone on Residence Permits. Basic housing information includes physical information such as the address, size, actual use, and use status of the house.
Article 6 The property service enterprises, real estate agencies, joint-stock companies and other units shall assist the relevant government departments in the administration of leasing houses.
Article 7 It is prohibited to rent out any one of the following houses:
(1) The house that is identified as dangerous and unusable house;
(2) The house exposed to major fire hazard, geologic hazard or other safety hazards;
(3) Other circumstances that the house is prohibited to be rent.
Article 8 For the houses prohibited to be rent out, the relevant authorities shall promptly make rectification, and urge homeowners to fulfill the primary safety responsibility.
Article 9 It is prohibited to set up staff quarters in the production/operation or storage premises in violation of state regulations.
The lessor and lessee shall not violate the provisions on the planning permit for construction project. Without the planning permit for construction project, it is not allowed to change the usage of the leasing house without authorization, open (block off) the external wall doors and windows, seal the balcony, and build an attic, shed cover or construct building (structure) on the rooftop.
Article 10 Housing code system shall be adopted for leasing houses administration. Housing code information shall be uniformly compiled, maintained and updated by the comprehensive administration agency for population and housing and incorporated into the Shenzhen’s government information sharing platform for all departments to use.
Article 11 The lessor and the lessee shall, in accordance with the relevant provisions, file the lease contract for record.
Article 12 The lessor shall, within seven days from the date of the leasing relationship is concluded or changed, report the leasing house information to the comprehensive administration agency for population and housing of the sub-district, including the names, contact information, and types and numbers of identity documents of the lessor and the lessee.
Non-Shenzhen residents shall register for residence in accordance with theRegulations of Shenzhen Special Economic Zone on Residence Permits.
Foreigners and residents of the Hong Kong and Macao Special Administrative Regions, and residents of Taiwan region, shall register for residence in accordance with the relevant provisions.
Article 13 In case of any of the following circumstance, the lessor in the same building shall designate a special person to fulfill the obligation of information declaration, and report the identity and contact information of the special person to the comprehensive administration agency for population and housing of the sub-district:
(1) There are ten or more rooms to rent;
(2) There are thirty or more people living in the leasing house;
(3) The rental period of the leasing house is calculated by the unit of houror day.
Under the third circumstance mentioned in the preceding paragraph, the lessor shall installthe information collection system in accordance with the law to report the relevant information to the public security organs without delay.
Article 14 The comprehensive administration agency for population and housing shall strengthen the information-based administration of leasing house and population, and realize the information sharing with the residence registration and declaration system of public security organs. The staff of the comprehensive administration agency for population and housing shall conduct on-site verification of the information declared by the declaration obligor.
Article 15 The comprehensive administration agency for population and housing shall establish an information administration system for leasing house, which shall be connected with the e-government resources platform, so as to realize the information sharing among departments.
The sub-district comprehensive administration agency for population and housing shall conduct dynamic verification on the leasing house information, and correct or feedback any inaccurate information found to the relevant departments promptly.
Staff of the comprehensive administration agency for population and housing shall wear uniform and present their work certificates when verifying and collecting information on site.
Article 16 The lessor shall fulfill the following obligations:
(1) observing relevant laws, regulations and rules, cooperating with comprehensive administration agency for population and housing, andsubmitting information of leasing house as required;
(2) ensuring that the building structure, power supply, gas, and fire prevention facilities of leasing house meet safety requirements, informing lessees of the common sense of the safe use of electricity and gas, and conducting inspections on the safe use of leasing house;
(3) ensuringclear passage to leasing house;
(4) supervising and urging the lessee to implement the relevant provisions on production safety, fire prevention, public security, promptly eliminating or supervising and urging the lessee to deal with any safety hazards found in the leasing house, and reporting to the relevant functional departments promptly in case that it is impossible to eliminatethe hazard or the lessee refuses to make correction;
(5) reporting the suspected illegal act or crimes found to the public security organs or relevant functional departments promptly;
(6) paying taxes in accordance with the law;
(7) other obligations prescribed by laws, regulations and rules.
If the number of rooms rented by the lessor isno less than ten or the number of residents of the leasing house is no less than thirty in the same building, the lessor shall establish a management system, equip fire-fighting facilities and equipment, do a good job in public security prevention, and fulfill safety management responsibilities.
Article 17 The lessee shall comply with the following provisions:
(1) the lessee shall not harm public interestsnor the legitimate rights or interests of neighbors;
(2) when renting a residential leasing house, the lessee shall truthfully inform the lessor of the number of occupants, present the valid identity documents of him/her and other occupants, report the information of the leasing house as required, and file the house rental contract for record;
(3) the lessee shall not accommodate unidentified persons;
(4) the use of fire, electricity, gas, and decoration in leasing house, shall comply with the relevant provisions of laws and regulations;
(5) for any change in the use function of the leasing house, the lessee shall comply with the provisions of the relevant laws and regulations, and the lessee shall conduct the relevant procedures, and obtain the consent of the lessor;
(6) it is prohibited to use the leasing house to engage in illegalor criminal activities such as gambling, drug trafficking, prostitution, manufacturing or sale of counterfeit or shoddy goods;
(7) it is prohibited to use leasing house for illegal production, storageor operation of flammable, explosive, toxic, radioactive or other dangerous goods;
(8) the lessee shall promptly eliminate it or inform the lessor to deal with it, when finding any safety hazard; if the lessor fails to deal with the hazard promptly, the lessee shall promptly report the affair to relevant functional departments;
(5) other provisions prescribed by laws, regulations and rules.
Article 18 The relevant functional departments may, according to work needs, entrust the comprehensive administration agency for population and housing to verify and collect the relevant information on the leasing house.Under the circumstances of verifying and collecting information by entrustment, a written entrustment agreement shall be signed, the information collection and verification standards shall be set out and the necessary financial support shall be provided.
Article 19 The sub-district comprehensive administration agency for population and housing, after discovering any potential hazards of security, fire prevention and other security risks, shall notify the lessor and lessee by telephone, text message or in writing for timely rectification, and report it to the relevant functional departments for disposal, if the rectification of the hazard cannot be made promptly or is refused to be made by the lessor or lessee.
In the course of performing duties, the relevant functional department shall promptly deal with any potential safety hazards found in leasing house that fall within the scope of his responsibilities; those that do not fall within the scope of his duties shall be feedbacked to the relevant administrative departments in charge.
Article 20 The relevant functional departments shall investigate and deal with the information on security hazards notified by the comprehensive administration agency for population and housing seriously, and provide timely feedback on the results to the comprehensive administration agency for population and housing.
Article 21District government shall formulate its information notification specification and disposal procedures for safety hazards of leasing house in combination with the actual conditions, and include the information disposal of leasing house safety hazards in the annual assessment.
Each district's comprehensive administration agency for population and housing shall implement the classifying and grading management of leasing house based on security, fire prevention and living environment, and make public those leasing houses with prominent securityor fire prevention problems.
Article 22 The comprehensive administration agency for population and housing and its staff shall keep all the generated information confidential in accordance with the law. No unit nor individual may divulge, trade, or illegally use such information.
Article 23 Ifa lessor violates these Rules, the following provisions shall apply:
(1) if the lessor violates the provisions of Article 7, it shall be investigated and dealt with by land supervision agency, the departments of emergency management, housing and construction and other departments in accordance with law respectively;
(2) if the lessor violates the provisions of Paragraph 2 of Article 9, the land supervision agency shall order him to dismantle, restitute, or forcibly dismantle the house according to law;
(3) if the lessor violates the provisions of Paragraph 2 of Article 13,he shall be investigated and punished by the public security organs according to law;
(4) if the lessor violates the provisions of Item 4, Paragraph 1 of Article 16,he shall be investigated and dealt with by the public security organs, the department of emergency management and other departments according to law;
(5) if the lessor violates the provisions of Item 6, Paragraph 1 of Article 16,he shall be investigated and punished by the tax authorities according to law.
If the lessor fails to fulfill the responsibility for public security and fails to stop or report the use of the leasing houses for illegal and criminal activities of the lessee, or if a criminal case or an accident endangering public security occurs, the public security organ shall order the lessor to make rectification according to law; if the lessor refuses to make rectification, the house shall not be permitted to rent out.
Article 24 Ifa lessee violates these Rules, the following provisions shall apply:
(1) if the lessee violates Paragraph 2 of Article 9, the land supervision agency shall orderhim to dismantle, restitute, or dismantle the house forcibly according to law;
(2) if the lessee violates the provisions of Item 2 of Article 17, he shall be investigated and punished by the public security organs, housing and construction department or other departments according to law;
(3) if the lessee violates the provisions of Item 3, 4, 5, 6, 7 or 8 of Article 17,he shall be investigated and punished by the public security organs, the departments of housing and construction, emergency management, fire prevention and rescue agencies and other departments according to law.
Article 25 The property service enterprises, joint-stock companies and other economic organizations, which intentionally obstructor impede the comprehensive administration of leasing house and population, shall be punished by the relevant departments in accordance with the relevant provisions.
Article 26 Where the comprehensive administration agency for population and housing, departments of public security organ, emergency management, taxation, urban managementor comprehensive law enforcement or their staff violate these Rules, refuse to fulfill management duties, or fail to assist other administration authorities in accordance with the provisions, they shall be investigated for responsibilities by the relevant authorities according to law; if they are suspected of committing crimes, they shall be transferred to the judicial organs for handling according to law.
Article 27 These Rules shallbecome effect as of January 1, 2020.
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