How to understand the so-called property

The concept of property and property management

(A) the concept of property

The word "property" comes from Hong Kong dialect. From real estate or real estate evaluation, (1. Property: the term property refers to property or property rights, including tangible property and property rights, such as land, houses, goods, money, etc. ; Intangible property, property right, such as copyright, patent right, etc. When English words are combined with other words into phrases, they can mean something. For example, "real estate" refers to real real estate or real estate rights (including land, houses and their equipment and facilities); Also translated into real estate and real estate rights. The word "property" here refers to property, not industry. With the development of things, in a specific range, such as real estate, it is well known that the truth is omitted and only the property is mentioned. For simplicity, the word "wealth" is omitted, that is, it is translated into real estate, such as "property management" in English.

Real estate means property, property rights. But there are two differences with property: first, there is no meaning of intangible property, and the word tangible only refers to real estate, or what people call real estate; Second, it has the meaning of "industry", which creates material wealth or pursues profits. Therefore, the development of real estate often uses "real estate development" (real can also be omitted) instead of "property development". From the similarities and differences between the English words Property and Estate, it can be seen that it is more appropriate for the first translator to translate them into "real estate" and "real estate right". Among them, Property is used for real Estate excluding development and operation business, and Estate is used for real estate including development and operation business. It seems inaccurate to translate it into "property" because the Chinese word "thing" is too broad. Although it is used with the word "industry" to make the shape of things large, some large "things", such as industrial equipment, power equipment, transportation equipment, communication equipment, etc. , are not "properties" to define their characteristics, nor do they conform to the original English meaning. Because its main function belongs to another industry or industry. But the word "property" has been established in China, and what is needed now is a clear definition of real estate or real estate. In Hong Kong, Macao and some countries in Southeast Asia, the word real estate is often used as another name or synonym for real estate or real estate. In the book "Hong Kong Real Estate Law", the author Mr. Li Zongfeng said that "property" is unit real estate. It can be unit property or unit property; It can be a house, a building or a house, so the scope of property is very extensive. It should be noted that although the term real estate is often used as a synonym for real estate, there are still many differences between the concept of real estate and the concept of real estate. Generally speaking, the term real estate refers to all the real estate in a country or region in the macro field; Real estate is a microscopic concept, which generally refers to a single real estate or a specific physical asset.

1. Characteristics of property. Property, like other things, has its own unique nature. The first is its natural attribute, that is, property is a material form different from other substances and has the following characteristics:

(1) fixity. It is characterized by the immovability of land and buildings or the certainty of location.

(2) Durability. Performance in the long service life.

(3) Diversity. It is manifested in the diversity of building structure, appearance and function.

2. The social attribute of real estate. The social attributes of the property mainly include the following contents:

(1) economic attributes. It is reflected in the commodity attribute of the property, that is, the property is a commodity, and the production, management, exchange, distribution and consumption of the property must also be a commercial operation process, and all the operations of the property must meet the objective requirements of the market economy.

(2) Legal nature. It is manifested in the real right relationship of real estate. In our country's law, the real right of immovable property refers to the ownership of the house and the right to use the land enjoyed by the owner of immovable property within the legal scope.

The first comprehensive definition of "property" in legislation in Chinese mainland was the Regulations on Property Management in Guangdong Province promulgated in 1998. The regulations stipulate that "the property referred to in these regulations refers to buildings such as houses, industrial plants and commercial buildings that have been completed and delivered, as well as their ancillary facilities, equipment and related venues". At present, the word "property" has been basically accepted by the people of Chinese mainland, and the understanding of the connotation and extension of the concept of "property" is basically the same in the real estate law circle and the normative documents related to property management, that is, property refers to all kinds of houses and their ancillary facilities and related venues, that is, it can be the whole industry related to housing in the whole residential community, or it can be the property of a single house, such as high-rise or multi-storey residential units, comprehensive buildings, office buildings and commercial buildings.

To sum up, combined with other domestic writings, it is generally believed that property mainly includes the following elements:

1. All kinds of residential and non-residential houses that have been built and have the function of use;

2. The supporting equipment and municipal and public facilities of these houses;

3. Buildings (including many internal facilities) and nearby venues, courtyards, parking lots and non-main traffic roads in residential areas.

According to Article 2 of the State Council Property Management Regulations (implemented on September 1 2003), property refers to "houses and their supporting facilities, equipment and related sites". Among them, "house" refers to "houses and other buildings and structures on the land" [3], that is, it refers to the space property that can shelter people from the wind and rain and provide people with activities such as living, working and entertainment, storing goods and commemorating, including residential houses, such as residential buildings, apartments, villas, etc. It also includes non-residential houses, processing plants, warehouses, shops, restaurants, hotels, teaching buildings, hospitals, gymnasiums, public buildings and office buildings. All kinds of houses can form a complex, such as residential quarters, industrial areas and so on. It can also be a unit building, such as high-rise or multi-storey houses, parking lots, etc.

Specifically, property refers to all kinds of indoor and outdoor equipment, municipal public facilities (including water tower, boiler room, power distribution room, etc. ) and the adjacent sites, courtyards, roads and trunk roads that match the above buildings or serve the users of the buildings. These "properties" should have clear owners, that is to say, "properties" have been built and their owners' rights and interests have been determined within a certain scope of construction land, with specific boundaries. "Completion" is a prerequisite for the formation of usable and manageable properties; "Confirmation of owners' rights and interests" means that the completed property has passed the statutory completion acceptance procedures, and the ownership of property rights and interests has been determined according to law (usually marked by the issuance of property certificates).

This meaning shows that "real estate" consists of four parts: (1) residential or non-residential building body, that is, house, including the self-use part and the * * * use part of the building; (2) Supporting auxiliary equipment, including self-use equipment and * * * equipment. Self-use equipment refers to doors, windows, sanitary ware, water supply, drainage, gas pipelines, wires and other equipment used by owners and non-owners in buildings [4]; * * * Equipment refers to water supply, drainage, downpipe, lighting, garbage passage, TV antenna, water tank, water pump, elevator, mailbox, lightning protection device, fire fighting equipment and other equipment used by all owners and non-owners in the building; (3) Supporting public facilities refer to the facilities used by owners and non-owners in the property area, such as roads, green spaces, parking garages, lighting pipes, drainage pipes and other facilities; (4) The relevant site refers to the site occupied by the property.

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[1] See (China, Hong Kong) Li Zongkai: Hong Kong Real Estate Law, Hong Kong Branch of the Commercial Press, 1988, p. 9.

[2] See Zhou Ke, editor-in-chief: A Course of Property Management Law, Law Press, 2004, p. 2.

[3] Article 2 of People's Republic of China (PRC) Urban Real Estate Management Law.

[4] The non-owner users mentioned in this book refer to the lessee of the property and other people who actually use the property, unless otherwise specified.

(2) Property management

There are many English expressions of Property Management, such as property management and Real Easte Management. Its concept also has many explanations. At present, there are two concepts that tend to be consistent: broad-sense property management and narrow-sense property management.

1. Property management in a broad sense means that in the life cycle of a property, in order to give full play to the economic value and use value of the property, managers adopt various scientific and technological methods and management means to manage all kinds of properties in the whole process, and provide effective and thoughtful services for property owners or users. The broad category of property management is quite large, involving all kinds of management and service activities in the whole life cycle of property. Such as property development and construction management, lease management, decoration management, repair management and various forms of services provided for the operation, production and residence of property users.

2. Property management in a narrow sense refers to a professional organization or institution entrusted by the owner to manage and serve the completed property and its owners or users by using modern management science and repair technology according to the contract or agreement. In a narrow sense, property management generally includes the management of buildings and ancillary equipment, facilities and sites by means of operation, and the unified and professional management of the surrounding environment, cleanliness, security, public greening, public facilities and road maintenance, so as to provide various business services for residents and owners.

From the comparison of the above concepts, it can be seen that the difference between broad-sense property management and narrow-sense property management lies in the size difference of its management scope. Property management in a broad sense covers a wide range, including the whole process from the emergence of property to the end of its life. In most enterprises and institutions, the management of their internal property reflects this universal feature. Property management in a narrow sense is mostly reflected in the management and service during the use of the property after it is completed and put into the market. Professional property management enterprises accept the entrustment of the owners or users. China's property management industry started late, and the property management market system is being established. At present, most of the property management is narrow. With the further development of China's property management industry, property management in a broad sense will also appear and present a development trend.