How to ensure the safety of walled community? How to compensate for the road?

"Several Opinions on Further Strengthening the Management of Urban Planning and Construction" puts forward that new residential areas should be open, not closed, so as to make internal roads open and further save land. But the open community now faces many problems. For example, where should those communities that have already been built go? How does the open community belong to the property? How to ensure the safety of community owners and how to compensate owners for opening practical roads? ..... What problems will you face after tearing down the wall?

What is the purpose of tearing down the fence?

Closed communities make roads more complicated. Friends who often go out should know that the roads and paths on our maps are often very complicated and bring us a lot of trouble. On the map, two locations close in a straight line actually cut off the nearest road because of a courtyard wall. People who travel can only bypass various communities and walk several times more than the actual distance. If the fence is removed and the community is opened, the traffic and congestion in any city below can be solved, saving a lot of time for pedestrians.

How to ensure the safety of the demolished walled community?

The biggest problem in removing fences is the safety of communities. After the wall is demolished, regardless of whether the owners of the community can enter the community, suddenly the community personnel are mixed, and the security risks may be there. In this regard, Professor Wang Taiyuan of the People's Public Security University of China believes that opening a residential area may not necessarily affect safety, nor may it be strong for traffic. The relationship between the two depends on the closed state of the community and the relationship between the big traffic. If the walled community is demolished, the security of the community can be maintained by strengthening patrols, guards and other measures. In addition, the increasing number of vehicles in residential areas and the loud noise will really disturb the people. In view of the different noises in Chengdu, we should formulate corresponding solutions, such as installing noise barriers in noisy residential areas.

Who has the right to open residential roads?

The roads in the community are jointly owned by the owners, and the owners pay for the maintenance of the roads, scenery and land in the community. The Property Law stipulates that if the residential roads are not clearly defined as municipal roads, the property rights shall be owned by all owners. So whether the community is open or not should be decided by all the owners. This is the biggest problem in the implementation scheme of dismantling the walled open community. If the community is open, the owners should get some compensation.

Where should the local owners get compensation for the open community?

In addition to the construction cost, the biggest problem in the use of residential roads is the land use right of residential areas. At present, there are two kinds of land use rights in China: allocating land use rights and transferring land use rights. The allocated land use right is obtained by the owner or enterprise from the state free of charge, and the state can recover it, but only give appropriate compensation; However, most residential areas in China are transferring land use rights. If the government wants to open or recover, it must not only compensate the cost of road construction, but also compensate the land transfer fee for the remaining years. In addition, some noise and pollution have brought inconvenience to the residents of the community, and the owners should also be compensated as a whole.

What about the property after the opening of the community?

After the new residential block is built, the property will continue. In general, the property is responsible for the maintenance of public facilities and parts of the community. After the opening of the community, the public facilities and public parts of the community should be actually planned according to the actual situation.

Lou Jianbo, director of the Real Estate Law Research Center of Peking University Law School, said, "The nature of property will not change, but the way of managing services will change." For example, in the past, a residential area was closed, and security guards were on duty at the door. In the future, the security guard of the property may be on duty at the entrance of the building, and there will be police patrolling the road after opening. Therefore, property management companies will not disappear, and owners still need property management companies to provide services, but the service form has changed.

Recently, the topic of "tearing down the fence to open a community" has become a concern of many owners. Most of them think that this kind of promotion is feasible, and knowledge needs to change the current management system of the community, compensate some community owners for their losses, and obtain their consent.

(The above answers were published on 20 16-02-29. Please refer to the actual situation for the current purchase policy. )

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