Regulations of Xi’an Municipality on Safety Administration Regarding the Use of House
Xi‘an Daily     Updated: 2016-03-11

(Adopted at the 11th Session of the Standing Committee of the Thirteenth Xi’an Municipal People's Congress on December 25, 2003 and approved at the 10th Session of the Standing Committee of the Tenth Shaanxi Provincial People's Congress on March 31, 2004 

Amendments adopted at the 27th Session of the Standing Committee of the Fifteenth Xi'an Municipal People's Congress on October 28, 2015 and approved at the 23rd Session of the Standing Committee of the Twelfth Shaanxi Provincial People's Congress on November 19, 2015)

Table of Contents

Chapter I General Provisions

Chapter II Safety Liability for Use of Houses

Chapter III Obligations for Safe Use of Houses

Chapter IV Appraisal of House Safety 

Chapter V Treatment of Unsafe Houses

Chapter VI Supervision and Inspection

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions 


Chapter I General Provisions

Article 1 With a view to strengthening safety administration regarding the use of house and ensuring the security of people's lives and properties, these Regulations are formulated pursuant to relevant laws and regulations and in light of the actual situation of this Municipality.

Article 2 These Regulations shall be applicable to the safety administration of the use of houses which have been constructed and put into use upon completion and acceptance on the state owned land in the administrative area of this Municipality

The safety administration of the heritage conservation units, fire safety administration of houses and safety administration of professional facilities for elevators, water supply, heating, electricity and gas supply, etc. shall be implemented in accordance with the relevant laws and regulations. 

Article 3 Safety administration of use of houses so-called in these Regulations, shall mean all administrative activities for ensuring the safety for use of houses, including safe use of houses, appraisal of house safety, treatment of unsafe houses and supervision and inspection.

Article 4 Safety administration of use of houses shall adopt the principle of territorial administration, precaution first, reasonable use and normalized treatment to ensure safety of use of houses.

Article 5 The municipal, district and county governments shall include the fund for safety administration of use of houses into their respective financial budgets,

Article 6 The municipal administrative department of houses shall implement unified supervision and administration of safety of use of houses in this municipality.

The administrative departments of safety of use of houses determined by the district and county governments shall be responsible for the daily supervision and administration of use of houses in their respective jurisdictions.

The Development Zone Administrative Committee shall be responsible for the daily supervision and administration of use of houses in its jurisdictions in accordance with these Regulations.

The town governments and street offices shall be responsible for urging the resident committee, property service providers and etc. to prevent and check the risks of safety of housing use, assisting the district, county administrative departments of safety of housing use, and the Development Zone Administrative Committee in carrying out supervision and administration of safety of housing use

The relevant administrative departments of safety supervisions, construction, planning, urban management, education, culture, sports, religion, health, business, land and resources, finance, municipal utilities, industry and commerce, public security, quality supervision and etc. shall carry out the administrative work related to safety of housing use.

Article 7 The municipal government shall establish the assistance system for safety of housing use.

The municipal, district and county governments shall grant appropriate subsidies to the families subject to minimal social insurance and families with low income in treatment of unsafe houses.

Article 8 The administrative departments of safety of housing use, the Development Zone Administrative Committee, the press and property service providers, etc. shall carry out publicity and education, popularize laws, regulations and knowledge on safety of housing use in various forms to improve the safety awareness of the public.


Chapter II Safety Liability for Use of House

Article 9 The developers, survey service providers, engineering service providers, constructors, project supervisors shall, in accordance with the laws, regulations and contracts, assume the safety liability for quality of houses, perform obligations for warranty and treatment of quality defects, except for damages caused by improper use, third party liability or force majeure. 

Article 10 The owner of a house shall be the person responsible for safety of housing use. Where the house owned by the state or collective, the operator of such house shall be the unit responsible for safety of housing use.

Where the owner is missing or the ownership of the house is unclear, the custodian shall be the person responsible for safety of housing use; if no custodian is available, the user shall be the person responsible for safety of housing use.

Article 11 The person or unit responsible for safety of housing use shall assume the following safety liability for use of house:

1. to carry out inspection, repairing, maintenance and other daily management;

2. to entrust appraisal of house safety;

3. to carry out termite prevention and control;

4. to eliminate safety risks;

5. to prevent and management of unsafe houses

6. Other measures necessary to ensure the safety of housing use.

Article 12 Where it is necessary to use the dedicated house maintenance fund to take measures set out in Article 11 under these Regulations, the relevant provisions shall prevail.

Article 13 The owners, the operators of state-owned houses or collective-owed houses can enter into agreement with the house custodians or users for safety liability of housing use, however, provided that such owners or operators may not refuse to assume the safety liability for housing use on this grounds.

Article 14 Where the building zones are subject to entrustment of  management, the property service providers or any other managers shall, according to the relevant agreements, assume the daily management liability for inspection, maintenance, conservation of common parts and shared facilities and equipment, and establish the corresponding management files; in case of self-management, the liability for the daily management of common parts and shared facilities and equipment shall be jointly assumed by the persons responsible for safety of housing use.

Article 15 If a house or any object placed or hung on a it collapses, detaches or drops down and causes damages to others, the liability for such damages shall be determined in accordance with the General Principles of the Civil Law of the People’s Republic of China, the Tort Law of the People's Republic of China and other relevant laws and regulations.


Chapter III Obligations for Safe Use of House

Article 16 The owners, operators of state or collective owned houses, custodians, users shall reasonably use houses as per the intended use, nature of use and purposes described in the title certificate of such houses and perform their obligations for safe use of houses according to law.

Where the users of houses find safety risks, they shall timely notify the persons or units responsible for safety of housing use and cooperate in carrying out house inspection, maintenance, repairing, appraisal of safety  and treatment of unsafe houses.

Article 17 It is forbidden to carry out any of the following activities which threaten the safety of housing use: 

1. to arbitrarily remove, destroy main and load-bearing structures such as walls, beams, plates, piers and columns, etc. without proposals from the original engineering service providers or the relevant qualified engineering service providers;

2. to remove or alter the non load-bearing structures with overall functions of house anti-seismic and fireproof; 

3. to increase the housing load in excess of the standards;

4. to decrease the indoor bottom elevation;

5. to install facilities or equipment which affects the structural safety of houses;

6. to arbitrarily alter the purpose of the house;

7. to excavate or expand the basement;

8. to illegally erect structures on roofing;

9. other activities which threaten the safety of housing use.

Article 18 Where the house decoration pertains to a public building, the construction permits or filing procedures shall be handled with the administrative department of construction; if pertaining to a residential building, it shall be registered with the property service provider or the resident commission.

Article 19 When decorating or repairing a house, the person or unit responsible for safety of housing use, the user, and the construction workers shall accept the site observation by the stakeholders, property service provider, any other managers or resident commission.

Where the stakeholders, property service provider, any other managers or resident commission finds the decoration or repairing of the house in violation of Article 17 under these Regulations, they shall dissuade and restrain it; if the dissuasion or restraining fails to have no effects, they shall timely report the same to the district, county administrative department of safety of housing use or the Development Zone Administrative Committee. 

Article 20 The construction units shall take special precaution measures to protect the safety of housing use in the surrounding areas when carrying out excavation pipeline construction, underground facilities construction, pile foundation construction and deep excavation construction, blasting and dewatering activities.

Prior to construction, the construction units shall conduct safety inspection on the houses in the surrounding areas and maintain the original records; during construction, the construction units shall track and monitor the status of safety of housing use in the surrounding areas by themselves or entrusting the qualified units.

In case of any damages arising out of the construction to the houses, the construction units shall repair or restore the houses and assume the liability for compensation according to law.

Article 21 In case of water supply, heating, electricity, gas and other specialized facilities and equipment construction to the house body and house repairing, maintenance, reinforcement and other construction, the construction units shall announce the same in the construction areas and take special protective measures to ensure the safety for use of houses.

In case of any damages arising out of the construction to the houses, the construction units shall treat or restore the houses and assume the liability for compensation according to law.

Article 22 It is encouraged for the persons or units responsible for safety of housing use to implement the termite prevention treatment.

The persons or units responsible for safety of housing use for the houses with termite damages shall timely entrust and cooperate with the termite prevention and control units in carrying out termite inspection and elimination & control.


Chapter IV Appraisal of House Safety

Article 23 Appraisal of House Safety shall mean the verification and determination of the safety status of housing in use by the appraisal institutes of house safety.

Article 24 The appraisal of house safety shall be undertaken by the appraisal institutes established in accordance with the national regulations. 

The appraisal institute of house safety shall conduct appraisal of house safety in accordance with the professional norms, standards and procedures and the appraisal conclusion issued by them shall be objective and true.

The conclusion of a housing safety appraisal shall be the basis for verification of the status of housing safety.

Article 25 The person or unit responsible for safety of housing use shall apply for safety appraisal of a house under any of the following circumstances:

1.to have obvious sinking, crack, deformation, deterioration and other dangerous signs of the housing foundation, walls or other load-bearing components;

2.The useful life of the schools, hospitals, stadiums, railway stations, shopping malls and other medium and large public buildings reach two-thirds of their design life;

3.Other circumstances which potentially threaten the public safety.

Article 26 The construction units shall entrust appraisal of house safety in case of crack, deformation, uneven sinking or other abnormal phenomena to the houses in the surrounding areas caused by excavation pipeline construction, underground facilities construction, pile foundation construction and deep excavation construction, blasting and dewatering activities.

The construction units shall notify the person or unit responsible for safety of housing use of the appraisal conclusion in writing and submit the same with the district, county administrative departments of safety of housing use or the Development Zone Administrative Committee. 

Article 27 In case of a large number of damaged houses in certain areas caused by natural disasters or blasting, fire or other accidents, the municipal administrative department of safety of housing use shall organize the appraisal institute to appraise the damaged houses.

Article 28 Where the town governments, street offices find the houses in their respective jurisdictions in the circumstances as set out in Article 25, the first paragraph of Article 26 under these Regulations, they shall timely urge the persons or units responsible for safety of housing use or the construction units to entrust the appraisal of house safety and notify the district, county administrative departments of safety of housing use or the Development Zone Administrative Committee of the same.

Article 29 The following materials shall be provided with the appraisal institute of housing safety for entrusting the appraisal of housing safety:

1.The entrustment letter for appraisal of housing safety;

2.The identity certificate of the entrusting person or unit;

3.The house ownership certificate, lease or valid certificate that can certify the relevant rights for appraisal of house;

4.Other information that shall be provided under laws and regulations.

With respect to the houses with obvious danger, the appraisal institute shall undertake appraisal first and ask the entrusting person or unit to provide the materials set out above later. 

Article 30 The appraisal institute of house safety shall undertake appraisal within the second working day as of the date of acceptance of entrustment of appraisal of house safety and undertake the appraisal immediately for the house with obvious dangers. During the appraisal, the safety measures ongoing may not be stopped.

The relevant units and individuals shall assist, cooperate with the appraisal of house and may not refuse or hinder. 

Article 31 The appraisal institute of house safety shall issue the appraisal report of house safety within fifteen days upon acceptance of entrustment of appraisal of house safety. In case of complicated situations or tracking and monitoring required, the time period for issuing the appraisal report can be extended and the entrusting person or unit shall be notified of the same.

Article 32 In case a house is appraised as an unsafe house, the appraisal institute of house safety shall immediately notify the entrusting person or unit of the same and report to the district, county department of safety of housing use or the Development Zone Administrative Committee.

Article 33 If the entrusting person or unit of appraisal of house safety, the house user or the stakeholder objects to the appraisal conclusion, it can apply for review with the municipal administrative department of safety of housing use. The municipal administrative department of safety of housing shall organize the experts to carry out review within thirty days upon acceptance of the review application and issue the review conclusion.


Chapter V Treatment of Unsafe Houses

Article 34 Where a house is appraised as an unsafe house, the district, county administrative department of safety of housing use or the Development Zone Administrative Committee shall issue a notice of treatment of the unsafe house to the person or unit responsible for safety of housing use, urge and direct it to take the appropriate treatment measures. 

Where a house is not appraised as an unsafe house, but there exist safety risks, the person or unit responsible for safety of housing use shall timely eliminate such risks.

Article 35 The person or unit responsible for safety of housing use shall set up the fence to prevent others from entering or obvious warning signs and make the treatments as follows:

1.to observe and continue habitation if the house is safe for habitation in the short term after taking some treatment measures;

2.to continue habitation. if the risks can be eliminated after taking some treatment measures;

3.to cease habitation if the house is irreparable and not convenient to be removed immediately, but does not pose a danger to adjacent buildings or impact on people's safety;

4.to remove the whole building if the whole building is irreparable.

For the house subject to treatment measures under the second subparagraph of the first paragraph prior to elimination of dangers and the house subject to treatment measures under the third subparagraph and the fourth subparagraph, the house user shall timely move out; in case of refusal to move out, the district, county administrative departments of safety of housing use or the Development Zone Administrative Committee can apply for enforcement with the court.

Article 36 The person or unit responsible for safety of housing use many not lease or lend an unsafe house during treatment or prior to resumption of normal use. 

Article 37 In case of occurrence of any dangerous situation to a house, the person or unit responsible for safety of housing use shall immediately set up obvious warning signs, take necessary security measures to promptly eliminate dangers and report the same to the district and county administrative department of safety of housing use or the Development Zone Administrative Committee.

In case of significant dangers caused to the houses arising out of natural disasters or blasting, fire and other accidents, the district and county administrative department of safety of housing use or the Development Zone Administrative Committee shall organize the emergency rescue. 

Article 38 Where it is required to reasonably use the common parts of houses, shared facilities and equipment or to move any objects placed or hung on the unsafe houses and other facilities and equipment which restrain from treating the unsafe houses for treating unsafe houses or eliminating house dangers, the relevant right holders shall assist, cooperate in doing so, but not refuse and interrupt.

Article 39 Under any of the following circumstances to a house, the district and county administrative department of safety of housing use or the Development Zone Administrative Committee shall order the house user to cease to use it; where the house user refuses to move out or not to cease to use it, measures can be taken according to law and temporarily enforced to cease to use it: 

1.partial collapse;

2.danger of collapse at any time;

3.other circumstances which would significantly threaten the public security or personal safety.

Article 40 Where the person or unit responsible for safety of housing use refuses or fails to take effective treatment measures to treat unsafe houses, and threaten the adjacent security or public safety, the district and county administrative department of safety of housing use or the Development Zone Administrative Committee shall organize the relevant departments to take the necessary emergency rescue measures.

Article 41 Where the houses are appraised as unsafe houses in a whole plot, the district and county administrative department of safety of housing use or the Development Zone Administrative Committee shall include them into the scope of old city reconstruction and organize and implement the reconstruction of the unsafe and old houses as planned.


Chapter VI Supervision and Inspection

Article 42 The municipal, district, county governments shall establish sound coordination mechanism for safety of housing use, support, urge the relevant departments to perform the supervision and administration duties according to law, timely coordinate and solve the major issues in supervision and administration of safety of housing use.

Article 43 The administrative departments of safety of housing use shall perform the following supervision and administration duties for safety of housing use:

1. to supervise and inspect the safety work of housing use;

2. to formulate the administrative system for safety of housing use;

3. to supervise and guide the appraisal of house safety;

4. to urge and guide the treatment of unsafe houses;

5. to organize the training for safety of housing use;

6. to investigate and punish activities in violation of safety of housing use according to law.

Article 44 The relevant administrative departments of safety supervisions, construction, planning, urban management, education, culture, sports, religion, health, business, land and resources, finance, municipal utilities, industry and commerce, public security, quality supervision and etc. shall perform the following supervision administration duties of safety of housing use:

1. The administrative department of safety supervision shall be responsible for guiding, coordinating and supervising the relevant departments to carry out supervision and administration of safety of housing use;

2. The administrative department of construction shall be responsible for normalizing the activities of housing development, survey, design, construction and supervision units, supervision and administration of quality of construction, using safety of decoration works and existing building walls; 

3. The administrative department of planning shall be responsible for verification of illegal buildings and providing the treatment opinions;

4. The administrative department of urban management shall be responsible for investigation and punishment of illegal buildings;

5. The administrative departments of education, culture, sports and religion, etc. shall be responsible for regularly organizing the safety inspection of the public buildings pertaining to their respective systems.

Article 45 The municipal administrative department of safety of housing use shall regularly organize the general survey of housing use safety and inspection of unsafe houses.

The district, county administrative department of safety of housing use and the Development Zone Administrative Committee shall regularly carry out the inspection on safety of housing use and timely deal with the behaviors which impact on the safety of housing use.

Where there are any safety risks found in the general survey or inspection of safety of housing use, the relevant departments shall urge and guide the person or unit responsible for safety of housing use to timely treat such risks.

Article 46 The municipal department of safety of housing use shall establish the information system of safety of housing use and exercise dynamic management, realize information sharing.

The district, county administrative department of safety of housing use and the Development Zone Administrative Committee shall establish files of houses with existing safety risks, register the houses with risks, define the responsible person for supervision and administration, grasp the information related to the person or unit responsible for safety of housing use, the basic status of house safety risks, and input such information into the information system of safety of housing use. 

Article 47 Where the building zones are subject to entrustment of management, the property service providers or any other managers shall, according to the relevant agreements, perform the obligations for management of safety of housing use, strengthen the daily inspection of common parts and shared facilities and equipment.

Where the property service providers or any other managers find safety risks, they shall timely eliminate such risks and notify all owners of the same. In case of occurrence of dangers to the houses, the property service providers or any other managers shall report the same to the district, county administrative department of safety of housing use or the Development Zone Administrative Committee. 

Article 48 The person or unit responsible for safety of housing use shall strengthen the daily inspection of safety of housing use and timely eliminate the safety risks found. In case of occurrence of dangers to the houses, it shall timely report the same to the district, county administrative department of safety of housing use or the Development Zone Administrative Committee.

Article 49 For the newly constructed large public buildings and super high-rise buildings, the developers shall reserve the places for the monitoring devices and their routes, set up the monitoring system of performance of building structures.

Where the safety of housing use is likely to be affected due to the meetings held or the population crowded in such large public buildings, the property service providers or any other managers shall act activate the monitoring system to carry out real-time monitoring. 

Article 50 Any unit or individual shall be entitled to report or complain the behaviors threatening the safety of housing use or the houses with existing major safety risks to the administrative departments of safety of housing use or the Development Zone Administrative Committee.

With respect of the matters within the scope of their duties, the departments accepting such reports or complains shall timely verify and investigate, deal with and response to the same; with respect to the matters out of the scope of their duties, they shall timely transfer the same to the competent departments.


Chapter VII Legal Liability

Article 51 For implementation of any relevant forbidden behaviors in violation of paragraph 1 to paragraph 6 of Article 17 under these Regulations, the district, county administrative department of safety of housing use or the Development Zone Administrative Committee shall order the violators to rectify, give warnings and impose fine more than RMB1,000 and less than RMB10,000 upon individuals or impose fine more than RMB50,000 and less than RMB200,000 upon units.

In case of excavation, expansion of basements or build-up of illegal structures on the roofs in violation of paragraph 7 and paragraph 8 of Article 17 under these Regulations, the district, county administrative department of urban management shall punish such activities in accordance with the Regulations of Xi’an Municipality on Urban and Rural Planning.

Article 52 In case of issuance of false appraisal conclusion in violation of the second paragraph of Article 24 under these Regulations, the municipal administrative department of safety of housing use will impose fine more than RMB10,000 and less than RMB50,000 upon the violators, impose fine more than RMB1,000 and less than RMB5,000 upon the director directly in charge and other persons directly responsible. 

Article 53 In case of failure to entrust the appraisal institute of house safety and to threaten the public security, the district, county administrative department or the Development Zone Administrative Committee will order the violators to rectify; if not to rectify, such department or commission will impose fine more than RMB1,000 and less than RMB5,000 upon individuals and impose fine more than RMB10,000 and less than RMB50,000 upon units.

Article 54 In case of leasing out or lending unsafe houses during treatment or prior to resumption of normal use, the district, county administrative department or the Development Zone Administrative Committee will order the violators to rectify; if not to rectify, such department or commission will impose fine more than RMB1,000 and less than RMB5,000 upon individuals and impose fine more than RMB10,000 and less than RMB50,000 upon units.

Article 55 In case of refusal or failure to take effective treatment measures to treat unsafe houses and threatening the adjacent safety or the public security, the district, county administrative department or the Development Zone Administrative Committee will order the violators to rectify; if not to rectify, such department or commission will impose fine more than RMB1,000 and less than RMB5,000 upon individuals and impose fine more than RMB10,000 and less than RMB50,000 upon units; in case of serious consequences caused by such refusal or failure, such department or commission will impose fine more than RMB10,000 and less than RMB50,000 upon individuals and impose fine more than RMB50,000 and less than RMB100,000.

Article 56 In case of fine more than RMB5,000 imposed upon individuals or more than RMB50,000 imposed upon units, such individuals or units shall be notified of the rights to apply for hearings.

Article 57 Where there are otherwise any provisions on any other behaviors in violation of these Regulations under the laws and regulations, such provisions shall prevail.

Article 58 Where the administrative staff of safety of housing use commit negligence of duty, abuse of power or malpractice for personal benefits, the units they work for or the superior competent departments shall give administrative disciplines to such staff; in case of constitution of crime, they shall be investigated and punished for criminal liability according to law.


Chapter VIII Supplementary Provisions

Article 59 These Regulations shall take effective as of January 1, 2016.