Measures for Installing Elevators in Old Residential Areas in Dongguan

Fund raising: "Government subsidies" included in the "Measures"

The installation of elevators in residential buildings in old residential areas has raised concerns among many participants about how to raise funds. The "Measures" propose that the funds required for the installation of elevators in existing residential buildings can be raised through four ways: firstly, the owners can negotiate and share the proportion of funding based on the principle of "who benefits, who pays" and the principle of "benefits according to the number of floors"; secondly, for housing reform houses, the owners can apply for the use of the unit's housing maintenance fund; thirdly, they can apply for the use of housing provident fund and special maintenance funds under the name of the housing owner; fourthly, they can seek other legal sources of funding such as social investment.

"The installation of elevators can benefit many elderly people. Without government subsidies, the elderly cannot afford the shared expenses, and the installation work is also difficult to advance." Li Xiaoxian, a member of the Standing Committee of the Municipal Committee of the Chinese People's Political Consultative Conference and the proposer of the proposal, suggested that in light of the actual situation in Dongguan, "government subsidies" should be included in the "Measures" as one of the ways to raise funds.

He Yuanchi, a citizen representative and witness, holds a similar view. He suggests that the government should take the lead in reducing or directly refunding the construction taxes and fees increased during elevator construction to elevator installation units and elevator manufacturers. Alternatively, after collecting these fees, the government could refund them to the units that have added elevators in the form of subsidies. He gives an example, stating that if the cost of adding an elevator is 500,000 yuan, and calculated at a construction industry tax rate of 9%, a minimum reduction of 45,000 yuan can be achieved, thereby alleviating the cost burden.

Lv Xiaohua, the witness, also called for increased government subsidies, which should be allocated to old residential areas that are truly in need.

Guo Zhichuan, the head of the Quality and Safety Management Section of the Municipal Housing and Urban-Rural Development Bureau and the person presenting at the hearing, responded that he accepted the opinions raised by the hearing representatives and would incorporate "government subsidies" into the "Measures" for review by the municipal government. He revealed that after the introduction of the "Measures", relevant departments would formulate implementation details as a supporting measure to promote the actual installation of elevators, benefiting people's livelihood.

If the property owner is unreachable, the elevator office of the park (town or street) will assist in resolving the issue

The "Measures" stipulate that the intention to install elevators in existing residential buildings and the architectural design plan shall be subject to the consent of owners who own more than two-thirds of the exclusive parts of the unit or building and who account for more than two-thirds of the total number of owners.

However, some property owners in a certain building of Huayuan New Village encountered a "dilemma". Liu Wenbo, a member of the Nancheng General Branch of the China Democratic League and the proposer of the proposal, said that some property owners hoped to install additional elevators, but to meet the condition of "2/3 property owners agreeing", theoretically, only 9 property owners need to agree. However, there are still 3 property owners who cannot be reached. The reporter learned that not only Huayuan New Village, but also many old residential areas face the same problem of limited channels to contact property owners when adding elevators. "Just because property owners cannot be reached, it does not mean they do not agree to install elevators," Liu Wenbo suggested. Government departments should assist in contacting the missing property owners.

Wang Shuling, a citizen representative and hearing witness, also stated that when adding elevators in old residential areas, communication with property owners may encounter various issues, such as which departments to apply to and how to apply. She hoped that there would be a specialized organization to coordinate with property owners to solve these problems.

Guo Zhichuan reassured the hearing participants. He explained that the "Regulations" clearly stipulate that parks and towns should organize the establishment of a leading group for adding elevators to existing residential buildings and a working office for the leading group, responsible for organizing implementation, policy promotion, guidance, and coordination within their jurisdiction, as well as coordinating with property owners to solve the aforementioned problems. In addition, community neighborhood committees should cooperate with the elevator offices of parks (towns) to be responsible for the coordination work of adding elevators to existing residential buildings in their jurisdiction. Guo Zhichuan also revealed that the bureau would uniformly disclose the contact information and other relevant details of the elevator offices of parks and towns to the public at that time.

In principle, the installation of additional elevators shall not alter the main structure of the building

After adding elevators to existing residential buildings, it is inevitable that the lighting, sunlight, and building spacing of the original residences will be affected. Wang Yuxiang from Dongguan Daye Construction Drawing Review Co., Ltd. frankly stated that it is difficult to add elevators without affecting the structure of old buildings. He suggested delineating the safety responsibilities for old buildings and elevator additions.

Qu Li from Guangdong Huafang Engineering Design Co., Ltd. believes that there are two ways to add elevators: one is to add them, and the other is to renovate. Currently, many old buildings have reached an age of 20 to 30 years. If they are renovated, it will involve the issue of responsibility. Who is responsible for the safety of the building structure after adding elevators? Therefore, Qu Li suggests adding a clause to the "Measures": in principle, the main structure of the house cannot be altered. Once the main structure of the house is changed, safety appraisal work needs to be done well.

Regarding this, Guo Zhichuan made it clear that in principle, the main structure of the building cannot be altered when adding elevators, which is a principle that has been consistently adhered to in the drafting of the "Measures". For technical issues involving practical operations, relevant functional departments will introduce corresponding supporting detailed rules after the "Measures" are issued, serving as technical guidelines for elevator installation.

"During the implementation process, problems may vary widely, and we can only respond to each situation as it arises." Guo Zhichuan also admitted that he had a profound feeling during the preliminary research that there was considerable resistance from all parties in promoting the installation of elevators in old residential areas, with the greatest difficulty being the contradictions among property owners. The "Measures" stipulate that the application for installing additional elevators can be initiated with the consent of two-thirds of the property owners, and the issue of the remaining one-third of property owners not agreeing can be raised in writing during the publicity stage. If there are opposing views, coordination should be carried out first, and if coordination fails, legal channels can be used to resolve the issue. "The Property Law stipulates that the rights and interests of each property owner should be respected."

Guo Zhichuan also stated that the formulation of the "Measures" should not only adhere to the provisions of superior laws, but also strike a balance between the supporters and opponents of the property owners. This requires not only the efforts of the government, but also the joint efforts of multiple parties to form a synergistic force, so that everyone can work towards the same goal and the "Measures" can benefit more residents.

■ Background of introduction

Residents in old residential areas are increasingly calling for the installation of elevators

"Encouraging the installation of elevators where conditions permit" was included in the 2018 "Government Work Report" at the First Session of the 13th National People's Congress. This year, during the National People's Congress and the Chinese People's Political Consultative Conference, "elevator installation" was once again written into the "Government Work Report", but the wording changed from "encouraging the installation of elevators where conditions permit" last year to "supporting elevator installation". In recent years, cities such as Beijing, Hangzhou, Xiamen, Guangzhou, and Shenzhen have been accelerating the promotion of this "tangible and visible livelihood issue".

Due to historical reasons, before the promulgation of the "Regulations on the Quality Management of Construction Projects" in 2000, some residential buildings in our city that were higher than six stories were not equipped with elevators, causing great inconvenience to residents who had been living in the old buildings for a long time. With the improvement of people's living standards and the development of the aging population trend, the demand for adding elevators to existing residential buildings among residents in old residential areas, especially middle-aged and elderly citizens, has been increasing.

Against this backdrop, it is highly necessary for Dongguan to introduce management measures for adding elevators to existing residential buildings that are tailored to the actual situation of the city. Wang Yuqing, a staff member of the Quality and Safety Management Section of the Municipal Housing and Urban-Rural Development Bureau and a hearing presenter, introduced that as early as April 2018, Dongguan began planning and researching the introduction of relevant management measures for adding elevators to existing residential buildings in Dongguan to address the demands of the public. After joint promotion, research, and improvement by various parties, the "Interim Measures for Adding Elevators to Existing Residential Buildings in Dongguan (Fourth Consultation Draft)" was finally formed. Currently, the Municipal Housing and Urban-Rural Development Bureau is soliciting opinions from various parks, towns, streets, and relevant departments.

■ Highlights of the "Measures"

1. Can't the property owners reach a consensus on opposing the installation of additional elevators?

Establish an elevator office as a third-party for negotiation or mediation

The "Measures" specify that the park management committee and the town government (street office) shall organize the establishment of a leading group for adding elevators to existing residential buildings and a working office for the leading group (hereinafter referred to as the "Elevator Office"). These organizations are responsible for organizing implementation, policy promotion, guidance, and coordination within their respective jurisdictions. The community neighborhood committee shall cooperate with the park (town street) Elevator Office to coordinate the addition of elevators to existing residential buildings within their jurisdiction.

During the public display period of the design scheme, if some property owners raise objections and a consensus cannot be reached through negotiation, the elevator office of the park (township or street) can organize third parties such as the community residents' committee or the property owners' committee to conduct negotiation or mediation. This further enriches and improves the negotiation and coordination mechanism, giving full play to the autonomous role of property owners and grassroots organizations.

2. Is the approval process for adding elevators complicated?

The government implements joint review for approval

The "Measures" streamline the government approval process, clarifying that the building area of existing residential buildings with additional elevators will not be included in the calculation of the building area for land use permit, and will be exempt from land price and urban infrastructure supporting fees. No real estate ownership registration will be required.

To reduce the number of visits required by property owners, the government has implemented a joint review approach for approval. Specifically, the local park (township or street) has established an elevator office to uniformly accept applications and organize joint reviews with departments such as natural resources, fire protection, market supervision and management, and the housing and urban-rural development bureau.

3. Who will be responsible for maintaining and managing the elevator's safety in the later stage?

The property owner can entrust a property service enterprise or other unit for management

To strengthen the management of elevator use after adding elevators to existing residential buildings, the "Regulations" require property owners to entrust property service companies or other units to manage the elevators. If owners do not entrust anyone, they shall negotiate and appoint one owner as the user manager, and other owners shall bear joint and several safety management responsibilities to promptly address potential safety hazards and loopholes.