Chengdu sells 270,000 parking spaces. Does the owner have no property rights or civil air defense projects?

The entrance of the underground parking lot of China Resources emerald city 1 Phase is

Chengdu sells 270,000 parking spaces. Does the owner have no property rights or civil air defense projects?

The entrance of the underground parking lot of China Resources emerald city 1 Phase is marked with a man-proof cover.

The sealed door is marked with: designated factory of civil air defense office.

Spend 270 thousand to buy a parking space and get the property right one year later. If you can't get a parking space, the seller only needs to pay 100 yuan as liquidated damages every month. ...

Recently, high-priced parking spaces in emerald city Community, Jinjiang District, Chengdu have been widely circulated in the circle of friends. Among the 444 parking spaces on sale in the community 1-5, the most expensive "two luxury car parking spaces" cost 500,000 yuan.

On 12 17, the owner of emerald city community told reporters that not only the "sky-high parking spaces", but also the parking spaces in 1 period belong to the scope of civil air defense projects, and the developers have no right to sell them.

doubt

It will take a year and 270,000 yuan to get the property right of the parking space.

On June 7th, 65438, the reporter saw in the parking space sales announcement posted in emerald city Community that the parking space in emerald city 1 was priced at167,000-390,000. Recently, emerald city 1 parking space lease has come to an end. Parking spaces rented before the developer sells them.

Ms. Yang is anxious. Last month, she spent 270,000 yuan to buy a parking space and signed a sales contract in a panic. Although it is a bit expensive, "the parking space I bought is my own after all", and Ms. Yang is also at ease.

The inner peace soon disappeared. A few days later, when she casually looked at the commercial housing (parking space) sales contract, she found that the contract said that the seller applied to the ownership registration authority for the transfer of parking space ownership. If the buyer fails to obtain the ownership certificate of the parking space within 460 working days from the delivery date due to the seller's responsibility, the buyer will not return the parking space, and the seller shall pay the buyer a monthly penalty of 100 yuan.

She's a little embarrassed. "It takes 460 working days, that is, nearly two years to get property rights? And if you can't get it, the parking space can't be returned, and the seller only needs to pay a penalty of 100 yuan per month? " Later, she noticed that at the entrance and exit of the parking space, a red sign about 1 meter high had a blue schematic diagram and the words "civil air defense concealed". On both sides of the ramp, the sealed door for steel structure protection is marked with: Designated Factory of Civil Defense Office. Ms. Yang didn't understand, so she went to consult Mr. Liu in the community. "Pour some cold water on you." Mr. Liu said: "The underground parking space you bought is in the explosion-proof unit of the residential civil air defense project. According to the regulations, you cannot enjoy property rights. "

survey

1 Is the underground parking space a civil air defense project?

The owner, Mr. Liu, spent 90,000 yuan to buy a parking space in 2005. Later, in the parking lot, he saw the word "civil air defense" written on the steel closed door, and he didn't care too much. "He didn't even think about the ownership of property rights." A few years ago, "a civil air defense sign was added at the entrance of the parking space", and he began to pay attention.

Until recently, Mr. Liu saw a news report about the first ownership dispute caused by underground garage in Sichuan property market. It is mentioned in the report that the residents of the community failed to get the property right certificate after buying the parking space. It turns out that the underground garage is a civil air defense project. Residents of the community believe that the developer can't sell or rent the underground garage without obtaining legal ownership, so the industry Committee will take the developer to court. The court ruled that the industry Committee has the right to manage and use civil air defense projects and property communities, and the proceeds belong to all owners. This reminds Mr. Liu that "the property right of the original residential air defense basement should belong to the state, and the developer cannot obtain legal ownership". Mr. Liu then reflected the situation to the East Lake community.

1 October 26th 10, Donghu Community sent a consultation letter to the developer, asking four questions:1. Is the sale of underground parking spaces legal, and is there a property right certificate and a sales license? 2. Are all or part of underground parking spaces civil air defense projects? 3. If it is a part of civil air defense, is there a regional planning scheme? 4. Are there any relevant laws and regulations to support the sale of civil air defense projects in the case of property rights?

Four days later, a reply stamped with the seal of China Resources (Land) Chengdu Co., Ltd. was delivered to Donghu Community, which stated that "the existing underground parking space in emerald city Phase I is for sale, and the ownership belongs to China Resources Land Chengdu Co., Ltd., and the underground parking space in emerald city Phase I currently on sale is unoccupied, and all parking space information has been filed in Chengdu Housing Management Bureau."

respond

Since 2008, civil air defense parking spaces cannot be sold.

Recently, Mr. Liu copied the drawings of the first-phase basement civil air defense project in emerald city and the acceptance opinions of the first-phase civil air defense project in emerald city from relevant units. 65438+February 65438+March, in the reading room of the community, the owner invited an engineer of civil air defense design and construction engineering to explain the drawings to everyone on the spot. Through consultation, Mr. Liu learned that the total area of underground works in this residential area is 26,000 square meters, of which the area of civil air defense works is 222 18 square meters and the area of parking lot is 18 square meters. If the area of civil air defense projects is included in the total construction area, then the owners will share the construction cost of civil air defense projects and are investors. According to Article 5 of the Civil Air Defense Law, "Civil air defense works are usually used and managed by investors, and the income belongs to investors", the rental income of parking spaces in residential areas belongs to the owners of residential areas.

Mr. Liu said that the area of emerald city 1 civil air defense project is larger than that of many residential areas in Chengdu, because the developers put all the civil air defense facilities stipulated in the second and third phases of emerald city into 1 and built them together.

12 17 a staff member of Chengdu civil air defense office said that according to the regulations, developers should build wartime air defense basements when building urban civil buildings, so as to organize personnel to evacuate and hide in wartime. Usually, this area can be built into parking lots, warehouses and other forms according to the planning conditions. The underground parking lots of emerald city Residential Area 1-4 Building are all within the scope of civil air defense works. Such areas, before 2008, developers through the form of pre-sale, should be noted in the property registration. After 2008, relevant regulations were introduced. According to regulations, civil air defense projects belong to national defense assets and belong to the state. Regarding whether the parking spaces in Chengdu civil air defense project can be sold, he consulted the higher authorities. The Sichuan Provincial Civil Defense Office said that before the promulgation of the new civil defense law, the sale of parking spaces for civil air defense facilities was suspended.

The staff said that at present, in Chengdu, some civil air defense engineering areas have been marked, and some have not yet been marked, and the civil air defense office will continue to improve.

Ms. Yang thinks that the clause in the commercial housing (parking space) sales contract that "if the property right certificate cannot be obtained within the time limit, the seller shall pay a penalty of 100 yuan per month" is unreasonable, and "it shall be paid in two installments". In this regard, Zhou Debin, a lawyer of Sichuan Liangyuan Law Firm, said that according to the relevant regulations, if the developer fails to give the title certificate on time, the maximum penalty is 20% of the parking space price.

17, the reporter called the relevant person in charge of China Resources (Land) Chengdu Co., Ltd., and the other party said to hang up after the meeting. As of 9: 00 pm on 17, the reporter has not received a reply from the relevant person in charge.

The interests of interactive owners are damaged.

Standing in rows of buildings, facing the overwhelming advertisements, how to choose a reassuring and worry-free residence is a problem that everyone cares about. In recent years, real estate enterprises have gradually entered a new development period. Under the new economic normal, the differentiation between brand developers and small and medium-sized developers is becoming more and more serious. Behind the differentiation is the contest of financial strength, the gap of product quality and the comparison of people's word of mouth.