Real estate ownership

1. If the clubhouse in the community meets the planning requirements, it belongs to the product developed by the developer. Developers can sell it or use it for their own use. Before the sale, the property right belongs to the developer.

2. The property rights of management houses in residential areas belong to all owners. According to Article 38 of the Property Management Regulations, the ownership of property management houses belongs to the owners according to law. Without the consent of the owners' meeting, the property management enterprise shall not change the use of the property management house.

What is a property right house?

Property management houses refer to houses built in accordance with relevant regulations in real estate development and construction, which are transferred by the development and construction unit to the owners' collective at cost price for property management office, personnel on duty and tools and materials storage.

In practice, property management houses include property office houses, property cleaning houses, property storage houses and activities houses of owners' committees. Article 38 of the Property Management Regulations stipulates: "The ownership of property management houses belongs to the owners according to law. Without the consent of the owners' meeting, the property service enterprise shall not change the use of the property management house. "Paragraph 1 of this article stipulates that the ownership of the property management house allocated by the construction unit belongs to the owner, not to the construction unit or the property service enterprise, which clarifies the long-standing doubts.

However, it should be noted that the owner's ownership of property management houses is not a single ownership in civil law, but a building ownership; It is not owned by a single owner, but owned by all owners. Paragraph 2 of this article stipulates the use of property management houses, which is specific. Property service enterprises that implement property management can use property management houses, but they have no right to change the use of property management houses.

In some cases, some property management houses in the property management area are indeed vacant. If we don't change the use, it is a waste of resources. With the consent of the owners' congress and the corresponding procedures, the use can also be changed.