Introducing an exit mechanism for construction agencies and refining the process of “installing elevators”
The installation of elevators involves the vital interests of residents, so it has attracted much attention. However, the use of external methods to install elevators in old buildings needs to meet certain conditions, which involves many aspects such as management, technology, and law.
At present, the operation process of installing elevators is divided into three major stages: unification of owner's wishes, construction process management, and establishment of operation and maintenance mechanism. Each stage has detailed and specific steps. As relevant policies are constantly being improved and optimized, the connection between the steps before and after adding elevators and the materials required to be submitted have changed, and the implementation details of elevator-adding projects in various districts are not completely consistent. Therefore, there are cases where owners of existing multi-story communities are not clear about the specific situation. Understand and cause disputes. Although the installation of elevators is within the scope of owner autonomy, how to effectively promote this popular project requires real linkage between relevant functional departments to assist building owners who are willing to add elevators to complete elevator installation in an orderly and compliant manner.
According to the "Several Opinions on Further Improving the Installation of Elevators in Existing Multi-story Residences in this City", owners are the main body of installing elevators. The implementation of the elevator addition project must first reach a consensus among the owners on the intention and specific plan for installing elevators. Conduct full consultations on other issues, and seek the opinions of all owners of the building where they are located; if the installation of an elevator is intended to occupy a portion shared by the owners of the community, the opinions of all owners within the building zoning must be solicited. We often say "two consultations" - small consultation and big consultation. Among them, small consultation includes both intention and specific plan consultation. The specific plan here also includes elevator design plan and fund raising and sharing plan.
According to current regulations, when adding stairways to a doorway or community, the construction agency must first be determined and relevant agreements signed, and the agency will issue a specific plan. Subsequently, the owners' committee announced the results of the owner's wishes consultation within the community, and the planning and resources department also announced the architectural design plan. However, there are no clear regulations on the specific content of the architectural design plan that needs to be disclosed. In practice, the content of the architectural design plan for the elevator installation project announced by the planning and resource bureaus of each district on the government affairs website is different. It is recommended that the city should unify the disclosure content to ensure the reasonable right of community owners to know, and at the same time clarify the boundary between public knowledge and residents' legitimate rights and interests.
On the other hand, as the work of adding elevators continues to accelerate, a large number of construction agencies have emerged. They play a very important role in the installation of elevators in existing multi-story residences, and are deeply involved in everything from the preparation of elevator plans to project approval, The entire process from construction, supervision, project completion acceptance to application for financial subsidies. However, after individual construction agencies collected relevant fees from owners, major problems such as serious safety and quality hazards and serious delays in adding elevators arose, triggering a large number of collective complaints from owners.
On August 1 this year, the Shanghai Municipal Commission of Housing and Urban-Rural Development and the Housing Authority issued the "Notice on Further Strengthening the Management of Agency Construction Units for Installing Elevators in Existing Multi-Story Residences", clarifying that construction agencies should have corresponding technical qualifications and professional management personnel, etc. Hard constraints. As a professional stair-adding project management unit entrusted by the owner of the stair-adding building, the construction agency has the primary responsibility for the safety and quality of the stair-adding project construction. Construction agencies that have serious safety and quality risks and are seriously delayed in adding elevators will be included in the "blacklist". However, there is no provision on the exit mechanism that the construction agency that has signed a "Construction Agency Contract" with the owner before the promulgation of Document No. 388 and has hidden elevator safety and quality problems or serious delays in adding elevators should follow. When the negotiation between the owner and the construction agency on early termination of the contract fails, if the solution can only be resolved through litigation, the speed of adding elevators will be greatly reduced and credibility will be affected.
In this regard, it is recommended that relevant functional departments take the needs and problems of the masses as the starting point, and introduce a reasonable mechanism for the timely withdrawal of construction agencies, so that construction agencies with more social responsibility and professional capabilities can take over the elevator extension project in a timely manner.
