Notice on Issuing the Regulations for the Safety Management of Self-built Housing in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (For Trial Implementation)

来源:hengqin.gov.cn 发布日期:2025-01-13

All relevant departments,

The Regulations for the Safety Management of Self-built Housing in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (For Trial Implementation) is hereby issued for your compliance and implementation. Should any issues arise during implementation, please promptly report them to the Urban Planning and Construction Bureau of the Cooperation Zone.

Executive Committee of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin

Administration Office of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin of the People’s Government of Guangdong Province

January 13, 2025


Normative Document No. 1/2025 of the Executive Committee

Notice on Issuing the Regulations for the Safety Management of Self-built Housing in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (For Trial Implementation)

Article 1.

Purpose of the Regulations

In order to enhance the safety management of self-built housing and safeguard the lives and property of the people, these Regulations are hereby formulated in accordance with relevant laws and regulations, as well as in light of the actual circumstances of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Cooperation Zone”).

Article 2.

Scope of Application

These Regulations shall apply to the safety management of self-built housing in the Cooperation Zone.

Article 3.

Definition

For the purposes of these Regulations, the following definitions apply:

1. “Self-built housing” refers to privately owned housing constructed by residents themselves or by hiring others to carry out the construction;

2. “Decoration and renovation” refer to activities that modify the interior spaces of a building using relevant materials or decorative elements after the housing has passed final acceptance or has been put into use;

3. “Major structures” refer to the structural components of a building, including the roof, floor slabs, beams, columns, supports, walls, connection joints, and foundation, etc.;

4. “Load-bearing structures” refer to primary structural components and joints that systematically transfer their self-weight and external forces to the foundation. These include load-bearing walls, posts, columns, frame columns, buttresses, floor slabs, beams, roof trusses, and suspension cables, etc.;

5. “Safety appraisal” refers to the process of assessing a building’s safety conditions through on-site inspections, testing, evaluations, structural calculations, and analysis; and

6. “Hazardous housing” refers to housing that, based on a safety appraisal, has suffered severe structural damage or contains hazardous load-bearing components, posing an imminent risk of losing structural stability and load-bearing capacity, thereby making it unsafe for occupancy. Housing classified as Grade C has certain load-bearing structures that fail to meet safety requirements, placing parts of the building in a hazardous state, constituting partial structural risk. Housing classified as Grade D has load-bearing structures that completely fail to meet safety requirements, placing the entire building in a hazardous state, constituting a fully hazardous structure.

Article 4.

Safety Management Requirements for Self-built Housing

The Executive Committee of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin and the Administration Office of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin under the People’s Government of Guangdong Province (hereinafter referred to as the “Administration Office of the Cooperation Zone”) will strengthen leadership in the safety management of self-built housing within the Cooperation Zone. They will incorporate the emergency management of self-built housing into the Cooperation Zone’s overall emergency management system, establish and improve a coordinated emergency response mechanism for self-built housing incidents, and coordinate with relevant functional departments to ensure the fulfillment of safety management responsibilities. Upon identifying hazardous housing, they will promptly implement preventive and emergency measures and provide guidance and support to residents’ committees in developing housing safety management teams.

Article 5.

Division of Responsibilities

All relevant functional departments shall, in accordance with the principles of “three managements and three musts”, “whoever is in charge is responsible”, and “whoever approves is responsible”, fulfill their supervisory responsibilities for the safety of self-built housing within their respective jurisdictions and work together to ensure effective safety management of self-built housing.

1. The Urban Planning and Construction Bureau shall be responsible for promoting special rectification efforts to ensure the structural safety of self-built housing within its jurisdiction. It shall regularly lead investigations into potential safety hazards, establish and improve a long-term safety management mechanism, organize training programs on structural safety, and provide guidance for self-built housing construction.

2. The Commercial Services Bureau shall be responsible for administrative enforcement related to the safety management of self-built housing, including investigating and penalizing violations such as unauthorized expansions and illegal renovations. It shall also oversee the registration and management of market entities operating self-built housing for commercial purposes and supervise special equipment safety and food safety in such housing.

3. The Social Affairs Bureau of the Administration Office of the Cooperation Zone (hereinafter referred to as the “Social Affairs Bureau”) shall be responsible for ensuring that residents’ committees and residents’ groups fulfill their local governance responsibilities. It shall guide them in establishing a dynamic grid-based management system and enhancing the routine inspection mechanism for identifying safety hazards in self-built housing.

4. The Livelihood Affairs Bureau shall be responsible for supervising the safe use of self-built housing used for education, healthcare, cultural, sports, and social security service institutions, among others.

5. The Public Security Bureau of the Cooperation Zone shall be responsible for overseeing the rectification of public safety hazards in self-built housing used as hotels, entertainment venues, and other public places. It shall enforce laws related to self-built housing safety and take strict enforcement actions against illegal and criminal activities that pose safety risks.

6. The Fire and Rescue Brigade of the Cooperation Zone shall be responsible for guiding residents’ committees in identifying and addressing fire safety hazards and carrying out emergency rescue operations related to self-built housing.

7. Residents’ committees shall cooperate with relevant functional departments in supervising the construction and use of self-built housing, promote public awareness of laws, regulations, and safety knowledge, and establish a dynamic grid-based safety management system. Upon discovering illegal construction or other activities endangering housing safety, residents’ committees shall immediately report such incidents to the Commercial Services Bureau. Residents’ committees may also procure professional services to provide technical support for the safety management of self-built housing.

8. Other functional departments shall fulfill their respective responsibilities in collaborating on the safety management of self-built housing.

For self-built housing converted for commercial use, relevant functional departments shall, in accordance with the principles of “three managements and three musts” and “whoever approves is responsible”, provide guidance on the safety management of business premises. They shall also develop safety control measures tailored to different business types and ensure that housing safety appraisals are a prerequisite for obtaining operational permits. Before issuing relevant business licenses, authorities shall verify that the housing has passed safety appraisals.

Article 6.

Responsible Parties for the Safety of Self-built Housing

The responsible parties for the safe use of self-built housing (hereinafter referred to as the “responsible parties for the safe use of housing”) include: the housing owner; the legally authorized manager or user of the housing; and the actual user of the housing in cases where ownership is unclear, the owner is missing, or the parties concerned (managers) of historically illegal constructions are missing.

Article 7.

Safety Responsibilities of Self-built Housing

The responsible parties for the safe use of housing shall undertake the following responsibilities:

1. The responsible parties shall not add extra floors, demolish, or alter the primary load-bearing structures without approval;

2. The responsible parties shall not dig underground spaces without approval;

3. The responsible parties shall not construct balconies or other structures on outer walls or cantilever structures;

4. The responsible parties shall not store highly corrosive substances (such as acids and alkalis) or flammable, explosive, and other hazardous materials inside the housing;

5. The responsible parties shall conduct regular safety inspections, maintenance, and repairs to eliminate potential safety hazards in a timely manner;

6. Where a serious safety hazard is identified and cannot be immediately eliminated, the responsible parties shall promptly report it to the residents’ committee. They shall also implement emergency measures, such as suspending the use of the housing, evacuating occupants, and setting up warning signs; and

7. The responsible parties shall ensure fire safety within the housing.

For self-built housing used for commercial purposes, the responsible parties for the safe use of housing shall also comply with the following provisions:

1. Where the parties engage in personnel-intensive operational activities, the responsible parties shall obtain a housing safety appraisal certificate that meets the safety requirements of their business type;

2. The responsible parties shall comply with fire safety technical standards and ensure that fire protection facilities are maintained in good working condition;

3. The responsible parties shall comply with relevant laws, regulations, and rules governing industrial production and processing; and

4. The responsible parties shall adhere to all other applicable laws, regulations, and rules.

Article 8.

Decoration and Renovation of Self-built Housing

The responsible parties for the safe use of housing shall carry out decoration and renovation activities in accordance with the law. Before undertaking decoration, renovation, or elevator installation projects in self-built housing, the responsible parties shall report such activities to the local residents’ committee or property management enterprise.

The decoration and renovation of self-built housing shall ensure the structural integrity and safety of the building. The following activities are strictly prohibited:

1. Altering the major structures or load-bearing structures without a design plan prepared by the original design unit or a qualified design unit;

2. Expanding the size of existing doors or windows on load-bearing walls or demolishing brick or concrete walls that connect to balconies;

3. Conducting activities that violate fire safety regulations, including blocking evacuation routes, performing unauthorized hot work, and using flammable or combustible materials in renovation, expansion, or structural modifications; and

4. Any other actions that endanger the safety of shared building components or adversely affect adjacent properties.

Article 9.

Installation of Elevators in Self-built Housing

Where an elevator is to be installed in self-built housing, the responsible parties for the safe use of housing shall complete the following procedures: obtain a safety appraisal conducted by an authorized housing safety appraisal institution; obtain a design plan prepared by a qualified design unit; ensure construction is carried out by a qualified construction unit in accordance with the approved design plan; and complete elevator use registration with the Commercial Services Bureau before putting the elevator into operation (except for elevators installed in non-public areas and used exclusively by a single household).

Article 10.

Safety Appraisal of Self-built Housing

Where self-built housing falls under any of the following circumstances, the responsible parties for the safe use of housing shall entrust a housing safety appraisal institution to conduct a safety appraisal in accordance with the law:

1. The housing exhibits significant subsidence, cracks, tilting, corrosion, or other similar conditions;

2. The housing has sustained damage due to natural disasters, fires, explosions, or other accidents;

3. The load-bearing capacity of the housing has been increased beyond the original design standards;

4. There are plans to alter the housing structure or change its intended use; and

5. Other potential safety hazards identified through investigations and routine inspections by professional institutions, or other circumstances stipulated in laws, regulations, and rules.

If the responsible parties for the safe use of housing fail to apply for a safety appraisal despite the existence of safety hazards, adjacent property owners, housing users, property management enterprises, local residents’ committees, or other interested parties may apply for the appraisal. If the safety appraisal confirms the existence of safety hazards, the responsible parties for the safe use of housing shall bear the appraisal costs. If no safety hazards are found, the applicants shall bear the appraisal costs.

If routine inspections reveal that a housing safety hazard endangers public safety, and the responsible parties for the safe use of housing fail to apply for a safety appraisal, the relevant functional departments may initiate the appraisal process.

The conclusions issued by a housing safety appraisal institution shall serve as the legal basis for determining the safety conditions of the housing. No unit or individual shall illegally obstruct appraisal personnel from conducting housing safety appraisals.

Article 11.

Prevention and Control Management of Hazardous Self-built Housing

Housing safety appraisal institutions shall promptly update housing safety appraisal information in the Urban and Rural Self-Built Housing Safety Special Rectification Information Collection Platform, in accordance with regulations. Housing identified as hazardous shall adopt the following measures:

1. For self-built housing identified as Grade D hazardous, the housing safety appraisal institution shall issue a Notice on the Identification of Hazardous Housing within 24 hours, and report the case to the Urban Planning and Construction Bureau and the Administration Office of the Cooperation Zone. The Urban Planning and Construction Bureau shall, within three days of receiving the report, issue a Emergency Hazard Removal Notice to the responsible parties for the safe use of housing, specify remediation measures and a deadline for hazard elimination, and notify the Social Affairs Bureau and the Commercial Services Bureau simultaneously.

The responsible parties for the safe use of housing shall comply with the Emergency Hazard Removal Notice and appraisal report recommendations, and implement effective measures, such as repairs, reinforcement, or demolition, to eliminate safety hazards.

2. For self-built housing identified as Grade D hazardous and is at risk of collapse, the Social Affairs Bureau shall immediately activate the emergency response mechanism upon receiving the report and ensure relevant functional departments carry out emergency response measures according to their responsibilities. The responsible parties for the safe use of housing shall immediately cease occupancy and organize the evacuation of residents.

3. Before safety hazards are eliminated, self-built housing identified as Grade C or D hazardous shall not undergo renovation, conversion (expansion), or any modifications that increase floor load or be used for commercial purposes. Relevant functional departments shall supervise the safety of commercial self-built housing in their respective industries. If a hazardous self-built house continues to be used for commercial purposes, the case shall be immediately reported to the Commercial Services Bureau. The Commercial Services Bureau may issue a notice requiring relevant entities to suspend water, electricity, heating, and gas supplies to the business premises until the legal persons or organizations responsible fulfill their obligations. The suspension notice shall be issued in writing, and relevant entities shall comply.

Article 12.

Supplementary Provisions

These Regulations shall come into effect on January 24, 2025 and remain in force for a period of three years.


This English translation is for reference only. The Chinese version shall prevail in case of any inconsistencies.


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