What property rights are included in the property sharing equipment and facilities, and who finally owns them?

Property * * * equipment refers to residential * * facilities and equipment, and refers to ancillary facilities and equipment jointly owned by residential owners or residential owners and relevant non-residential owners according to laws and regulations and housing sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating garages, public cultural and sports facilities and * *

Property ** * equipment

No matter the owner or any individual owner, the * * * part of the property shall not be used for business without authorization, and the owner shall not deal with the * * * part of the property without authorization. Article 58 of the Regulations on Property Management: If the construction unit arbitrarily disposes of the ownership or use right of the property parts and facilities belonging to the owners, the real estate administrative department of the local people's government at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.

Property * * * equipment refers to water pipes, downpipes, water tanks, pressurized pumps, elevators, antennas, power supply lines, lighting, boilers, heating lines, gas lines, fire-fighting facilities, green spaces, roads, street lamps, ditches, etc. For residential quarters or single houses, the construction cost has been allocated to the housing sales price. "

The property right of the equipment used in the property belongs to all owners. First, according to the Land Management Law, the Urban Real Estate Management Law and the Regulations on the Administration of Urban Real Estate Transactions, "when the land use right is transferred, the ownership of buildings and attachments on the land will be transferred with the transfer of the land use right", that is, when all buyers have purchased the land use rights of all commercial houses and bases, all the things located on the land have no independent property rights.

Second, from the perspective of the cost composition of commercial housing. According to the Interim Measures for the Administration of Commercial Housing Price, the cost of commercial housing price includes the cost of infrastructure construction in residential quarters and the cost of non-operating supporting public buildings in residential quarters. In addition, Article 6 of "Opinions of State Power Company on Charge Management of Power Supply Facilities in Newly-built Residential Areas" stipulates: "In newly-built residential areas, if the investment in outdoor power distribution facilities invested by newly-built residential units is shared with the construction cost, the property rights of outdoor power distribution facilities shall be owned by residents * * *".

Third, from the perspective of the right to use public facilities. The public facilities in residential areas are a part of the whole house. Without housing, there would be no public facilities. Like corridors and courtyards, they belong to different owners. According to the national Regulations on the Administration of Adjoining Houses with Different Properties in Cities, all owners and users should use the facilities they own and use reasonably, and undertake corresponding obligations; Unless otherwise specified, neither party shall possess or monopolize it; Developers in the sale of property to the majority of owners, but also the land use rights and public facilities built at the same time with the residential transfer. Therefore, public facilities, like houses, are the owners of residential areas.

Fourth, from the community public facilities management institutions. According to the "Measures for the Administration of New Urban Residential Quarters" of the Ministry of Construction and the spirit of relevant laws and regulations of relevant state departments on strengthening the property management of residential quarters, the property rights of public facilities in residential quarters should be managed by the owners' committee, the representative organization of the majority of owners or users. The property right of public facilities belongs to all owners; The owners' committee exercises the right of disposal on behalf of the owners, and the owners' committee selects the property management company to entrust it with the right of management.

(The above answers were published on 20 13-04- 12. Please refer to the current actual purchase policy. )

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