(Issued on January 18, 2016 in accordance with Decree No. 138 of the People’s Government of Guangzhou Municipality, amended for the first time on February 13, 2018 in accordance with Decree No. 158 of the People’s Government of Guangzhou Municipality and amended for the second time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

　　Article 1     These Rules are formulated in accordance with the Law of the People’s Republic of China on Urban and Rural Planning, the Law of the People’s Republic of China on Management of Urban Real Estate, and other relevant laws and regulations, on the basis of the actual conditions of this Municipality and with a view to standardizing the management of public service facilities for residential communities.

　　Article 2     The term “residential communities” herein refers to any habitations of different sizes of population in this Municipality, including real estate development residential communities and government-subsidized housing residential communities.

　　The term “public service facilities for residential communities” herein refers to all the facilities that are constructed on basis of the population size of residents, that can meet the physical and cultural needs of the residents in the residential communities and that provide public services, including education facilities, medical and healthcare facilities, cultural facilities, sports facilities, administrative facilities, service facilities, welfare facilities, parks, municipal public facilities, etc. The detailed categories of public service facilities for residential communities are determined according to the setting standards for the public service facilities for residential communities in this Municipality.

　　Article 3     These Rules are applicable to the management of planning, construction, handover, registration, and use of the public service facilities for the newly built residential communities within the areas of this Municipality.

　　These Rules shall not apply to the residential communities for which the state-owned construction land use right transfer procedures have been completed before the implementation of these Rules.

　　Article 4     The municipal housing and urban-rural development authority shall be responsible for organizing and coordinating the affairs related to the public service facilities for residential communities in this Municipality, and for organizing the implementation of these Rules.

　　The district housing and urban-rural development authority shall be responsible for supervision and management of the public service facilities for residential communities within their jurisdictions.

　　The authorities in charge of land planning, urban management, education, health, culture, civil affairs, transportation, public security, industry and information technology and post and such organizations as the association for the handicapped shall well manage public service facilities for residential communities pursuant to the relevant laws and regulations by their duties.

　　Article 5     The public service facilities for residential communities shall be constructed in a people-oriented, scientific planning, local condition-based, and energy-saving way.

　　The public service facilities for residential communities shall be planned, designed and constructed simultaneously with the main construction works of the parcel concerned, and shall be accepted and put into service according to relevant codes and regulations.

　　Article 6     Public service facilities for residential communities shall be built and handed over as follows:

　　(1) The public welfare service facilities that meet the use requirements of the allocation of lands, such as kindergartens, primary schools, middle schools, community health service centers, community health service stations, rehabilitation service centers for the handicapped, public centers for community management, homes of the elderly, cultural stations, cultural rooms, neighborhood committee centers, community service stations, police stations, public restrooms, garbage collection stations, garbage compression stations, renewable resource recycling points, fire stations, and bus terminals, shall be excluded from the land transfer fee of the corresponding real estate development project, be centrally built by the project owner, and be handed over to the municipal/district housing and urban-rural development authority for free after completion. The land resources and planning authority shall take into consideration the construction cost of the aforesaid public service facilities when evaluating the base price of land transfer.

　　(2) Such public service facilities as sports fields for the public, fitness facilities for residents, community children’s palaces, household comprehensive service centers, community daytime care centers, child-care centers, agricultural product markets, renewable resource recycling stations, welfare centers for the elderly, public parking lots and other commercial service facilities shall be used, operated and managed by the project owners on the basis of their planned functions after they are built; community parks, community playgrounds, rooms for property services (including office space for the owners’ committee) and the like, upon completion of construction, shall be used by the project owners on the basis of their planned functions and in accordance with the provisions of the Regulations of Guangdong Province on Property Management.

　　(3) Such public service facilities as substations and postal offices shall be constructed by the project owners as entrusted by the power supply enterprises and the postal service enterprises on the basis of the construction costs. The project owners shall conclude agreements on the entrusted construction with such enterprises before receiving licenses for the construction of building projects. And such agreements shall cover the contents of entrustment, the date of commencement and completion, the settlement manner, the batch number and the time limit of installment delivery, the liabilities for breach of contract, etc. Substations for separately used lands may be constructed by a power supply enterprise itself after land acquisition by the project owner on behalf of the power supply enterprise. The land acquisition costs for such facilities shall not be included in the land-transferring fees of the real estate development project if relevant conditions for the land assignment are met.

　　The construction cost referred to in the previous paragraphs shall consist of the cost of civil works, cost of land, the relevant taxes and fees, etc.

　　Article 7     The construction of public service facilities for residential communities shall meet the following time sequence requirements: 

　　(1) All public service facilities shall be completed and pass the verification of planning conditions according to relevant regulations before 80% completion of construction works (excluding the area of structure of the public service facilities for residential communities) on the planned parcel. Among these facilities, for separately set public service facilities, such verification certificates shall be obtained separately; for public service facilities that are not set separately, such verification certificates shall be applied and obtained simultaneously with the main construction works.

　　(2) Public service facilities for residential communities separately set in residential land shall be completed and pass the planning conditions verification before the completion of 50% of construction works (excluding the construction area of the public service facilities for residential communities) on the planned parcel. Among these facilities, for such facilities as garbage compression stations, substations, public restrooms, community health service centers, community health service stations, fire stations, police stations, bus terminals, welfare centers for the elderly, kindergartens and primary schools, etc., the construction works planning license shall be obtained prior to or simultaneously with the first phase of the residential buildings, and the construction of such facilities shall apply for and pass the verification of planning conditions before the presale of the first phase of the residential buildings; however, these requirements are not applicable to settlement housing projects in urban renewal and reconstruction programs approved by the municipal government.

　　Article 8     When organizing the compiling of a regulatory plan for a residential community, the administration department of land and resource management shall clearly specify the nature of land use, area of land use, and construction scale of concerned public service facilities.

　　Before the transfer of land use rights of the state-owned construction land for a residential community, the project planning scheme from the administration department of land and resource management shall be obtained, indicating the project name, scale, and setting requirements for the public service facilities to be constructed.

　　Article 9     When making an announcement on public land transfer, the administration department of land and resource management shall announce the project planning scheme at the same time, indicating the type, scale and construction time sequence requirements for the concerned public service facilities for residential communities; when signing a land-use rights transfer contract of the state-owned construction land with a transferee, it shall take the project planning scheme as a part of the contract, and provide a list of public service facilities to be handed over.

　　When assigning a land for government-subsidized housing projects, the administration department of land and resource management shall specify in the letter of assignment decision the type, scale, construction time sequence and other requirements for public service facilities for residential communities, and provide a list of public service facilities to be handed over.

　　The type, scale and construction time sequence of the public service facilities for residential communities specified in a state-owned construction land use rights transfer contract shall not be changed without authorization; where it is indeed necessary to change or adjust, a supplemental agreement on change of the transfer contract shall be signed upon approvals and consents from the administration department of land and resource management and the receiver, provided that the construction scale of such facilities shall not be changed; in the case of construction projects for which commercial building presale licenses have been obtained, consents of buyers of the sold houses shall be obtained according to relevant laws and regulations.

　　Article 10   When examining a detailed construction plan for the construction project and issuing a planning license for such a project, the administration department of land and resource management shall check the project name, scale, position and setting requirements of/for the public service facilities, and clearly specify the construction time sequence requirements for such facilities. 

　　The municipal administration department of land and resource management shall copy the examination results of the public service facilities for residential communities to the municipal and district housing and urban-rural development administrative authorities, and disclose it to the public in accordance with the Regulations of Guangzhou Municipality on Urban and Rural Planning.

　　Article 11    Project owners shall arrange the construction of public service facilities for residential communities according to the setting and time sequence requirements specified in the planning licenses, and ensure the construction quality of such facilities.

　　Construction quality supervision organizations shall supervise the construction of public service facilities for residential communities according to the approved construction drawings, and include the construction conditions of such facilities into the construction quality supervision reports.

　　Supervising enterprises shall supervise the construction progress and quality of the public service facilities, and record such information into the supervision logs.

　　Article 12   When issuing presale licenses, the housing and urban-rural development administration authority shall check and verify the construction progresses of the public service facilities for residential communities, and suspend the issuance of presale licenses to construction projects that do not conform to the construction progress requirements specified in Item (2) of Article 7 above.

　　After issuance of presale licenses, the housing and urban-rural development administration authority shall include the subsequent construction of public service facilities for residential communities into the monitoring of presale income.

　　Article 13   At the time of house presale, the project owner shall publicize on the sales site the general plan for the detailed construction plan or the general plan for the design scheme in which the positions of public service facilities are clearly indicated, and a list of public service facilities to be handed over.

　　The project owner shall attach the general plan for the detailed construction plan or the general plan for the design scheme to the house presale or sale contract as an annex.

　　Article 14   When performing planning conditions verification, the administration department of land and resource management shall check whether the public service facilities for residential communities conform to relevant time setting and construction sequence requirements; the facilities that are not constructed according to relevant planning schemes cannot pass the planning conditions verification.

　　When organizing a completion acceptance check for a construction project, the project owner shall invite the municipal and district housing and urban-rural development administration authorities in charge of the public service facilities for residential communities to participate in such an acceptance check. These authorities may organize users to bring forward correction suggestions for any construction quality problems in the public service facilities and shall conduct coordination if the correction suggestions are not taken by the project owner. Where the correction suggestions are confirmed as correct and reasonable by the municipal and district housing and urban-rural development administration authority, the project owner shall organize corrections according to such suggestions.

　　Article 15   After a completion acceptance check of public service facilities for a residential community, the project owner shall handle the completion acceptance check filing procedures according to relevant regulations.

　　After receiving relevant information and data submitted by the project owner for filing, the housing and urban-rural development administration authority shall timely organize a field inspection to the conditions of the public service facilities, and check whether corrective actions have been taken according to the completion acceptance check correction suggestions.

　　Article 16   For the public service facilities to be handed over, the project owner shall hand them over according to relevant standards for blank rooms after handling separate procedures for permanent water supply, power supply and gas supply pursuant to design requirements. However, kindergartens, primary schools, middle schools, garbage compression stations, public restrooms, substations, fire stations, police stations, bus terminals, and rooms for property service shall be decorated according to relevant standards before delivery. For the supporting public service facilities that need to be delivered to the municipal and district housing and urban-rural development administration authorities, the detailed decoration standards shall be formulated and announced to the public by the municipal housing and urban-rural development administration authorities in conjunction with the relevant professional management authorities. The decoration fee shall be paid by the municipal and district housing and urban-rural development administration authorities to the project owner at a cost price.

　　The municipal and district housing and urban-rural development administration authorities shall not set additional take-over requirements or require increased construction area or higher decoration standards additionally.

　　The construction area of the public service facilities for residential communities handed over shall be subject to the area indicated in the planning conditions verification certificate for the construction project. Where the actual floor area exceeds the area indicated in the planning permit of construction engineering, the excess portion that is no higher than 3% of the indicated area shall be handed over for free; the excess portion that is higher than 3% of the indicated area shall be settled on the basis of construction cost.

　　Article 17   The handover of separately set public service facilities shall be completed within 1 year after the supporting public service facilities have obtained the planning conditions verification certificate. The handover of public service facilities that are not set separately shall be completed within 1 year after the planning conditions verification certificate for the main construction works is obtained.

　　Article 18   For the public service facilities for residential communities to be handed over, the project owner shall give a written hand-over notice to the municipal and district housing and urban-rural development administration authorities within 2 months after the construction project planning conditions verification certificate specified in Article 17 is obtained, and shall announce it on the site.

　　The municipal and district housing and urban-rural development administration authorities shall send personnel to the site to check and verify the construction conditions of the public service facilities within 1 month after receiving the written hand-over notice and the planning conditions verification certificate, and shall sign an agreement on handover of the facilities with the project owner within 6 months. The hand-over agreement shall clearly specify the date and the data and the like of the handover of the supporting public service facilities.

　　The municipal and district housing and urban-rural development administration authorities shall not refuse to accept the public service facilities for residential communities that have passed the acceptance checks. In case it is indeed necessary to adjust the planned functions of such facilities accepted due to social and economic development, change in industrial layout, or adjustment in functions of urban divisions, the municipal and district housing and urban-rural development administration shall handle declaration and application procedures according to the relevant requirements on urban-rural planning.

　　The project owner shall hand over all the documents and data related to the public service facilities, such as land use data, drawings used for the application, construction drawings and acceptance data, to the municipal and district housing and urban-rural development administration authorities within 3 months after the agreement on handover of the facilities is signed.

　　Article 19   When handling procedures related to initial house registration for a residential project, the property rights registration administration department shall clearly indicate the public service facilities to be handed over for free and those to be handed over at cost price. After the project owner hands over the public service facilities, the municipal and district-level housing and urban-rural development administration authority shall handle ownership registration procedures.

　　After handing over the public service facilities for a residential community, the project owner shall assist the municipal and district housing and urban-rural development administration authorities in handling ownership registration procedures for these facilities. Where the project owner fails or refuses to cooperate with the municipal and district housing and urban-rural development administration authorities in handling such procedures according to relevant requirements, such as the requirements of the state-owned construction land use right transfer contract, the municipal and district housing and urban-rural development authorities may handle these procedures unilaterally according to relevant regulations.

　　For the public service facilities handed over for free, the municipal and district housing and urban-rural development administration authorities shall perform fixed asset registration and accounting procedures.

　　Article 20   For the public service facilities for a residential community to be handed over, the project owner shall be responsible for management and maintenance before the handover and bear the cost needed; after the handover, the municipal and district housing and urban-rural development administration authorities shall be responsible for management and maintenance and bear the cost needed. For the public service facilities for a residential community that fall within the corresponding quality warranty periods, the relevant rules and stipulations of Regulations on Quality Control of Construction Projects shall apply.

　　The house owners and property management companies in a residential community shall cooperate with the municipal and district housing and urban-rural development administration authorities in the management and maintenance of public service facilities for the residential community.

　　Article 21   The municipal and district housing and urban-rural development administration authorities shall deliver the public service facilities to the corresponding users by their duties within 1 month after taking them over. After such a delivery, the users shall be responsible for the daily management and maintenance of such facilities. The project owner shall put the public service facilities into use on basis of the functions of the same specified in the plan within 1 year after obtaining the planning conditions verification certificate for the construction project, and the users shall put such facilities into use within 2 years after taking them over.

　　Article 22   Public service facilities for a residential community shall be used in strict accordance with the purpose specified in the plan, and shall not be left unused or used for other purposes. Where it is indeed necessary to change the planned use in special circumstances, approval from the administration department of land and resource management shall be obtained. Where public benefits and benefits of the owners of sold houses are involved, an announcement shall be made; where disposal of government-owned assets is involved, approval from the government of the same level shall be obtained.

　　District governments and the municipal administration authorities in charge of education, health, culture, civil affairs, urban management, transportation, public security, forestry and landscaping, land planning, industry and information technology, post and other aspects as well as such organizations as associations for the handicapped shall carry out supervision and inspection for the use conditions of the public service facilities at least once a year; where any noncompliance is identified, corrective actions shall be taken timely and a public notice shall be made.

　　Article 23   The housing and urban-rural development administration authority shall publicize on real estate development enterprise credibility management platform the information on the project owner’s completion process of the public service facilities for a residential community, the date of the handover, the planned date of use from the project owner, and any written explanations on abandoned take-over. The project owner shall publicize the information on the construction and handover of the public service facilities in the residential community and on the sales site.

　　Article 24   Any entity or individual that finds any non-compliance with these Rules in respect of planning, construction, delivery, and use of the public service facilities for a residential community has the right to render a complaint or report to the housing and urban-rural development administration authority or the relevant industry management administration authority.

　　Article 25   Where any authority or its staff member breaches these Rules by committing any of the following acts or omission, the competent authority shall order it/him/her to make corrections and impose sanctions on the responsible person in charge and other persons directly responsible:

　　(1) Failing to clearly specify the setting and construction time sequence requirements for the public service facilities for a residential community in the state-owned construction land use rights transfer contract in accordance with Article 9 herein;

　　(2) Failing to clearly specify the setting requirements for the public service facilities for a residential community when examining the detailed construction plan or the design plan of the construction project and issuing a planning license for the construction project pursuant to Article 10 herein;

　　(3) Failing to supervise the construction of the public service facilities for a residential community in accordance with Paragraph 2 of Article 11 herein;

　　(4) Failing to supervise the subsequent construction of the public service facilities for a residential community in accordance with Paragraph 2 of Article 12 herein;

　　(5) Failing to carry out planning conditions verification pursuant to Paragraph (1) of Article 14 herein;

　　(6) Failing to carry out field inspection for the public service facilities for a residential community in accordance with Paragraph 2 of Article 15 herein;

　　(7) Failing to receive, manage, maintain and put into use the supporting facilities for the a residential community in accordance with the provisions of Articles 18, 20, and 21 herein.

　　(8) Failing to supervise the use of the public service facilities for a residential community pursuant to Article 22 herein.

　　Article 26   Where a project owner breaches these Rules by committing any of the following acts, the housing and urban-rural development administration authority shall order it to make corrections, and record such acts into the credibility information system; where the project owner fails to make corrections within the specified period, a penalty of not less than RMB 30,000 but not more than RMB 100,000 shall be imposed; in the case of severe violation, the project owner cannot pass the annual qualification inspection:

　　(1) Failing to publicize the public service facilities for a residential community pursuant to Paragraph 1 of Article 13 herein;

　　(2) Failing to invite the municipal and district-level housing and urban-rural administration development authorities to participate in the completion acceptance check in accordance with Paragraph 2 of Article 14 herein;

　　(3) Failing to handle separate procedures for permanent water supply, power supply and gas supply for the public service facilities pursuant to Article 16 herein;

　　(4) Failing to complete the handover of the public service facilities within a specified period in accordance with Article 17 herein;

　　(5) Failing to notify the municipal and district-level housing and urban-rural administration development authorities to take over the public service facilities pursuant to Paragraph 1 of Article 18 herein;

　　(6) Failing to hand over all the documents and data related to the public service facilities, such as land use data, drawings used for application, construction drawings, and acceptance check data, etc. in accordance with Paragraph 4 of Article 18 herein;

　　(7) Failing to cooperate with the municipal and district-level housing and urban-rural development administration authorities in handling ownership registration procedures for the public service facilities in accordance with Paragraph 2 of Article 19 herein.

　　When filing the Real Estate Development Project Manual, the housing and urban-rural development administration authority shall deal with any situation specified in the preceding paragraph once found.

　　A project owner that breaches Paragraph 1 of Article 22 herein by changing the use of the public service facilities without authorization shall be punished by the comprehensive law enforcement organ for urban management pursuant to Article 74 of the Regulations of Guangzhou Municipality on Urban-Rural Planning.

　　Article 27   Where the municipal/district housing and urban-rural development administration authority breaches Paragraph 3 of Article 18 or Paragraph 1 of Article 22 herein by refusing to take over the public service facilities or leaving the public service facilities unused or using the facilities for other purposes, the competent authority shall order it to make corrections and impose sanctions on the responsible person in charge and other persons directly responsible.

　　Article 28   Where any user breaches these Rules by failing to put the public service facilities into use within a specified period or according to specified use and functions, the competent authority shall order it to make corrections and impose sanctions on the responsible person in charge and other persons directly responsible.

　　Article 29   Where the housing and urban-rural development administration authority, the administration department of land and resource management or any other relevant authority or its staff member commits falsification, receives bribes or practices favoritism and frauds, the competent authority shall order it to make corrections and impose sanctions on the responsible person in charge and other persons directly responsible.

　　Article 30   In the event of other non-compliance with these Rules for which there are punishment clauses in relevant laws and regulations, the relevant administration authorities shall punish the responsible organizations or persons according to those clauses.

　　Article 31   Where any public service facilities for a residential community that were constructed before the implementation of these Rules and that shall have been handed over but have not been handed over, the municipal and district-level housing and urban-rural administration development authorities shall, in conjunction with other authorities concerned, complete the handover procedures with reference to these Rules.

　　Article 32   These Rules shall come into force on March 1, 2016. The Measures of Guangzhou Municipality for the Management of Construction of Educational Facilities for Residential Communities issued in 1996 shall be abolished accordingly.