Life span of abandoned civil air defense parking spaces

What should I do if I buy a residential parking space and a civil air defense parking space? On the political platform in Jiangxi, there are more than 10 complaints about civil air defense parking spaces every month. Why are a large number of civil air defense parking spaces turned away? Is the owner too simple or the developer too deep? In the future, there will be more and more air defense parking spaces in high-rise residential areas. Are we ready?

Developers sell civil air defense parking spaces that owners don't want to buy.

After the property sued the owner for refusing to pay the property fee, 50% of the community

A number of owners wrote a joint letter, hoping that the government would help solve the problem that the community deceived the owners into selling civil air defense parking spaces in disguise.

2065438+In July 2009, Mr. Zou, the owner of Nanchang County, Nanchang City, spent 50,000 yuan to buy 37 underground parking spaces in the southern Midea City. At that time, the garage was still under construction and was not delivered. After the acceptance, Mr. Zou was blindsided and there were clear signs inside and outside the garage. This is a parking space for civil air defense projects.

"If I said it was a civil air defense parking space when I bought it, I wouldn't buy it at all." Mr. Zou said.

Mr Zou originally wanted to buy 37 parking spaces. Mr Zou lives in building 3 1. When he offered to buy the parking space downstairs of Building 3 1, the sales consultant said that the parking space was sold out and recommended the current parking space to him.

Mr. Zou told the author that the parking space downstairs of Building 3 1 is a property parking space, which is still on sale today.

Obviously there are property parking spaces, why should the sales consultant of the developer induce the owners to buy civil air defense parking spaces?

Jiangxi Provincial Civil Air Defense Office stipulates that the civil air defense basement that has been completed and accepted must be clearly marked as a civil air defense project. From the developer's point of view, once the owner knows that it is a civil air defense parking space, it is difficult to sell the parking space again.

The author interviewed the owners of several residential areas in Nanchang and learned that the sales situation of civil air defense parking spaces in Nanchang is not optimistic. On the one hand, we have opinions on the pricing of civil air defense parking spaces, on the other hand, we are worried that there will be economic losses without property rights. "According to the law, civil air defense parking spaces can only be rented for five years. I did pay the rent for 70 years at a time. The contract doesn't count, and I don't lose money. " Mr. Zou said.

The author learned from Nanchang Civil Defense Office that they often receive similar complaints. "We have also been complained a lot, and we really want to solve these problems. However, how to punish and how much to punish requires a legal basis. "

Selling civil air defense parking spaces in disguise

According to the provisions in the Notice on Further Standardizing the Maintenance and Management of Air Defense Basements in Peacetime issued by Jiangxi Provincial Civil Defense Office 20 12 (No.5 of Jiangxi Civil Defense Office [2012]), air defense parking spaces are not allowed to be sold, only short-term lease is allowed, and the lease time is not more than 5 years, and the right to use can be transferred.

The staff of Nanchang Civil Air Defense Office told the author that there is no such thing as a civil air defense parking space in the Civil Air Defense Law. The civil air defense basement built by developers needs unconditional requisition by the state for civil air defense projects in wartime and parking spaces in peacetime. It is more appropriate to call a man-made area parking space.

The author interviewed many owners who bought civil air defense parking spaces and learned that many developers evaded laws and regulations through disguised sales. The developer or property and the owner sign an agreement on the transfer of the right to use, stipulating that the lease term is 5 years, and the lease will be automatically renewed after 5 years, and the fee will be paid in one lump sum.

"This is just a disguised sale!" Mr. Xia, who lives in Nantian Sunshine Phase II, Economic Development Zone, Nanchang City, said.

The author consulted the Nanchang Civil Defense Office on this matter, and the other party said: "We can't punish them either, mainly because there is no support from the superior law, and the law does not specify how to punish them."

Ruijin Sun City Shuxiang Yipin Community signed a 20-year lease contract with the owner, which will be automatically renewed after the expiration. After the owner, Ms. Li, reported the incident to the Jiangxi platform of the government, Ruijin Housing and Construction Bureau thought that the lease term of 20 years was in line with Article 705 of the lease contract in Chapter 14 of China's Civil Code: "The lease term shall not exceed 20 years", and the legal basis for terminating the lease contract was insufficient.

Lawyer Luo of the law firm explained that China's civil code is a superior law, and when local departmental rules deviate from the superior law, the provisions of the superior law shall prevail. Although the lease contract cannot be terminated according to the relevant regulations of Jiangxi Provincial Civil Defense Office, the Civil Defense Office can impose administrative penalties on this behavior of the developer.

The residential roads are full of cars, and the civil air defense parking spaces are empty.

On the evening of 65438+ 10 10, Mr. Xia, who just bought a new car, thought twice after coming home from work and finally chose to take the subway and bus with his car key.

"The community is either full of cars, or it can't be opened once it stops." Mr. Xia said that every time I drove into the community, it was like experiencing a catastrophe.

At 7 o'clock in the evening, the author came to Nantian Sunshine Phase II Community in Economic Development Zone of Nanchang City and saw vehicles parked on both sides of the community road.

From the fire exit at the east entrance of the community, walk around the community until the south exit, and the motor vehicle lanes and sidewalks are occupied by vehicles.

19: 24, a black Ford slowly drove to the underground garage of the community. About seven cars are parked in a circle with a radius of 4 meters. 100-meter one-way street, 1 white car went wrong, two electric cars passed slowly, and finally arrived at the garage door, and one car was still parked on the yellow grid line. Under each residential building, all kinds of electric cars and bicycles are parked.

Mr. Xia told the author that the situation is not bad now, and he can't stop coming in if he wants to stop. "If there is an accident and a fire, the fire truck can't get in."

202 1, 1, a fire broke out in California Garden Community in Chongqing on June 0. Because the surrounding fire exits were occupied by isolation piles and parked cars, the 70-meter fire truck went 1 hour, and it was the police and the people who jointly overthrew the parked cars that accelerated the speed.

Occupation of fire escape seriously endangers fire safety, but the property management only charges 80 yuan/month management fee for each car parked in the community to avoid blocking the road too ugly.

There are about 2,000 households in the second phase of Nantian Sunshine, with underground civil air defense parking spaces 1 100, and more than 400 planned above-ground parking spaces. In sharp contrast to the crowded cars on the ground. The underground garage is empty, except for a small area with cars, and other parking spaces are even covered with dust. The security guard told me that there are about 100 parking spaces currently on sale.

Crux of property right

The price of civil air defense parking space in Nantian Sunshine Community is 58,000 yuan. The contract stipulates a one-time lease for 5 years, which will be automatically renewed free of charge after 5 years, with a validity period of 70 years. Mr. Xia told the author that this price is not unacceptable to him. "This parking space has no property rights. If you have property rights, I am willing to buy another 65438+20,000. "

"I have never lived in this community in my life. If I have no property rights, how can I transfer them? " According to the relevant regulations, the right to use the civil air defense parking space is allowed to be transferred, but Mr. Xia believes that when he wants to sell the house, he must transfer the right to use the parking space together, and then he may encounter a series of troubles, not to mention that the buyer who took over the offer may not be willing to accept this controversial civil air defense parking space in the contract.

Equally controversial is the validity of the contract. Mr. Xia said that although the contract is valid for 70 years, the contract law stipulates that the lease term should not exceed 20 years at the longest. "Is this contract still valid after 20 years?" If I want to defend my rights after 20 years, the developer doesn't know if I have left. "

Mr. Zou also said that buying a house has investment needs. According to the lease term of 20 years, civil air defense parking spaces are more likely to depreciate than property parking spaces.

"19 years, when I bought it, it was 50,000. Now it's down to 38 thousand, and no one buys it. Why do you say I will buy it if it depreciates? " Mr. Zou said.

Civil air defense parking spaces are waiting for acceptance.

According to "People's Republic of China (PRC) Civil Air Defense Law" and "Measures for Implementing" People's Republic of China (PRC) Civil Air Defense Law "in Jiangxi Province", new civil buildings in cities must build civil air defence works or pay a certain fee to build civil air defence works in different places. For residential areas, it is more suitable to use civil air defense basement as civil air defense underground garage. This means that a considerable part of the underground garage in the newly-built community is a civil air defense parking space.

Nanchang civil air defense office staff said that they had asked developers to clearly mark the parking spaces in the civil defense basement with civil defense signs. "We have been actively telling the public which places are parking spaces in the civil defense basement. Even if we don't see them in the contract, we can see the civil defense signs on the parking spaces to avoid being deceived."

Regarding the situation that the developer sells the parking spaces in the basement in disguise, the other party said that the only control that can be done at present is to talk about the developers who buy and sell the parking spaces in the basement.

On the issue of property rights, Mr. Xia suggested that owners should be allowed to choose their own lease term.

Nanchang Civil Air Defense Office said that the opinions of the provincial civil air defense office have been included in the draft of Jiangxi Property Management Regulations (Revised Edition), and the opinions were solicited in June 5438+1October 65438+April and submitted to the provincial people's congress. This problem is expected to be solved.

Among them, Article 63 stipulates that "the civil air defense engineering facilities used as parking spaces and storage rooms in the property management area filed by the competent civil air defense department can be opened to all owners by lease, and the lease term shall not exceed 5 years, and shall not be sold, sold in disguise or given as gifts", and the provision of "not sold in disguise" has been added to the original clause.