What is the nature of the property right house?

Question 1: What is the nature of the property management house? Refers to the houses built in accordance with the relevant provisions of real estate development and construction, which are transferred to the collective owners of houses by the development and construction units at the construction cost price for the storage of property management offices, personnel on duty and tools and materials.

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 regional ownership of buildings; 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.

Question 2: What is the spatial nature of the property belonging to all owners in the community?

Question 3: What is the unit nature of property management? The enterprise nature of property management companies includes limited liability companies, limited companies controlled by individuals, limited companies and joint-stock companies. I wonder if that's what you want to ask.

Question 4: What is a property management house? Core Tip: Property management rooms are used for property management office, staff on duty and storage of tools and materials. Next, the legal express will give you a detailed introduction about the knowledge of property management houses. 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. Provisions on the allocation of housing for property management: (1) For buildings with a building area of less than100000 square meters, the allocation shall not be less than four thousandths of the total building area, but at least not less than fifty square meters; (2) If the construction area exceeds100000 square meters, the excess part shall be shared by two thousandths; (3) The property management house provided by the construction unit should be a house that can be used independently above the ground and has basic functions such as water and electricity; (4) Property management houses are owned by all owners.

Question 5: What does the property management house include? Property management houses include property office buildings and property management houses, and the total allocation ratio is 7 ‰ of the total construction area. Some cities also stipulate that the allocation ratio of property office users is 3 ‰, and that of commercial buildings is 4 ‰.

Seven thousandths of the property does not include equipment rooms such as doorposts and monitoring rooms.

Question 6: Is the property service building a supporting public building? First of all, it is clear that the property management house refers to the house built in accordance with the relevant provisions of real estate development and construction, which is transferred to the house owner collective by the development and construction unit at the construction cost price for property management office, personnel on duty and tools and materials storage.

In practice, real estate management houses include real estate office houses, real estate cleaning houses, real estate storage houses and real estate owners' committee activities houses.

According to Article 38 of the State Council's 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 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 configured by the construction unit belongs to the owner and does not belong to the construction unit or the property service enterprise. 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 specifies the specific purpose of the property management company. Property service enterprises can use property management houses when implementing property management, 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.

Question 7: What is the nature of the company's office space? There are no specific provisions in the law, and various provisions are scattered.

1, which is determined according to the registration purpose of the real estate license.

2. If the registered purpose of the house permit is inconsistent with the actual situation, it should be analyzed in detail.

Send you a verdict for your reference.

Appellant (plaintiff in the original trial) lives in Jianshe Street, Zhaozhou Town, Zhaozhou County.

Legal representative Hou Yanguo, mayor.

Entrusted agent Song, male,1born on March 26th, 968, Han nationality, a cadre of people in Zhaozhou Town, Zhaozhou County, living in Jianshe Street, Zhaozhou Town, Zhaozhou County.

Appellee (defendant in the original trial) Zhaozhou County Construction Bureau, address: Heping Street, Zhaozhou Town, Zhaozhou County.

Legal Representative: Zhao Tieyu, director.

Authorized Agent: Tang Qingguo, male, born on June 23rd, 1973, Han nationality, cadre of the demolition management office in Zhaozhou County, living in Heping Street, Zhaozhou Town, Zhaozhou County.

The third person, Jiang Yanfu, male, born in 1964 65438+ 10/3, Han nationality, is a cadre of Personnel Bureau of Zhaozhou County and lives in Jianshe Street, Zhaozhou Town, Zhaozhou County.

Authorized Agent: Sun Zongxuan, lawyer of Heilongjiang Far East Law Firm.

The appellant Zhaozhou Town, Zhaozhou County * * * refused to accept the administrative judgment No.6 of the People's Court of Zhaozhou County (200 1) and appealed to our court. A collegiate bench was formed in our hospital according to law, and the case was heard in public on February 3, 2006 at +0 65438. Song, entrusted agent of the legal representative of Zhaozhou Town People's Government of Zhaozhou County; Tang Qingguo, the entrusted agent of the legal representative of Zhaozhou County Construction Bureau; Third party Jiang Yanfu; Entrusted agent Sun Zongxuan participated in the lawsuit. The case has now been closed.

The original judgment found that, according to Article 29 of the Regulations on the Administration of Urban House Demolition, the third person in this case, Jiang Yanfu, registered as a residence in the real estate license, but went to the real estate department to apply for a house lease license with the daily necessities business license of the lessee Huang Yadong during the use period, which was the approval of the real estate management department for this change in the nature of use, and the house was still operated by the lessee at the time of demolition. Therefore, the fact that the house moved by the demolished person is a commercial house is clear and the evidence is sufficient. Although the determination of the price of commercial housing is not determined by the national guidance price or price limit, the price evaluation of replacement housing by Zhaozhou County Price Office conforms to the requirements of People's Republic of China (PRC) Price Law and Code of Conduct for the Transaction Price of New Commercial Housing in Cities and Towns of Heilongjiang Province, and should be considered as legal. And the ruling is based on the above facts and legal price evaluation, and the provisions of Articles 29 and 22 of the Regulations on the Administration of Urban Housing Demolition in People's Republic of China (PRC) are not applicable to the house demolition of the demolished people. According to the provisions of the first paragraph of Article 54 of the Administrative Procedure Law of the People's Republic of China, the judgment is as follows: the ruling on house demolition. Maintain zhaozhou county construction bureau 1. The people of Zhaozhou Town, Zhaozhou County, the plaintiff of the original trial, refused to accept the judgment of the original trial and appealed that it was wrong for the court of first instance to identify Jiang Yanfu's 25-square-meter house as a commercial house, and there was no legal basis. The court of first instance wrongly determined the price of commercial housing. Request the court to cancel the original judgment, and at the same time cancel (200 1)No. 1. Zhaozhou County Construction Bureau, the defendant in the original trial, replied that the relocation ruling (200 1)No. 1 made by our bureau had sufficient factual and legal basis, and was correct and legal, and requested that it be upheld in the second instance. The third person, Jiang Yanfu, participated in the lawsuit: the house is for commercial use, and the price determined by the price firm is correct and legal. The original judgment was correct and the second trial should be upheld.

In the second trial, our hospital re-examined and certified the evidence given by the parties in the first trial, and considered that the procedures and rules of cross-examination and certification of the court of first instance were in compliance with the law, and the second trial confirmed the evidence and facts identified by the court of first instance.

The arguments and reasons of the parties form the following controversial points: (1). Should Jiang Yanfu's house be considered residential or commercial? (2) Is the appraisal by Zhaozhou County Price Bureau legal and effective? The focus of disputes between the two parties in the first instance and the second instance is as follows:

First, the question of whether Jiang Yanfu's house should be recognized as a residence or a business place. The appellant Zhaozhou Town, Zhaozhou County * * thinks that Jiang Yanfu's house should be recognized as a residence, not as a business house. In his opinion, the definition standard of housing use should be the registration of housing property rights in the real estate bureau. If Jiang Yanfu's housing use is registered as a residence, it should be recognized as a residence. In addition, Jiang Yanfu's house lease certificate is not true, and the certificate of Huang Yadong, the lessee of the house, has not been inspected annually, so there is no legal basis for the determination of the nature of Jiang Yanfu's house in the original trial. The appellee thinks that the house has been demolished ... >>

Question 8: What is the concept of property service room? First, list the details of property management rooms, including office, customer service center, equipment room, cleaning room, central control room and garbage room, and then decide the area according to the area scale and the specific number of people.

Question 9: Is the property service building a supporting public building? What 1 does the property service room include? Property houses are either supporting public buildings or simply property management houses. Property houses and supporting public buildings serve the owners and residents of residential areas. But the difference is that the construction area of property management houses is allocated to the owner's housing area; Supporting public buildings have independent property rights and can register and operate commercial facilities, such as laundry rooms, barbershops and gyms.

2. The property is divided into three parts: 1. Property office space, including the property office, the service hall for receiving the owner and the warehouse required for property work. 2. Property facilities, such as power distribution room, sewage pump room, high-pressure water pump room, elevator room, etc. ; Three, the property logistics room, mainly the dormitory, canteen and so on of the property staff.

Question 10: The calculation of property management area requires 20 points, and the requirements for real estate vary from place to place. Generally, it is between two thousandths and five thousandths of the construction area of the residential area, and the minimum is not less than 50 square meters. Generally, the office area of the above-ground property below 100000 square meters should be100 to 150 square meters, which is the case in Beijing.

But these are all alive, so you can communicate with the developer or Party A. If it is not enough, Party A can set up some temporary buildings for use first. That's how we operate.

The Regulations on Property Management stipulates: "When planning to build a new property, necessary supporting facilities for property management shall be built, and an implementation plan for property management shall be formulated. When the development and construction unit hands over the residential area, it shall provide property management services free of charge according to three thousandths to four thousandths of the total construction area of the residential area (the distribution situation in different areas is different, which can be implemented with reference to local property management measures), and its property rights belong to all owners of the residential area. "