How to punish developers for illegally renting and selling parking spaces?

In addition to prohibiting "only selling without renting", the newly issued "Administrative Measures for Rental and Sale of Parking Spaces and Garages in Guangzhou Real Estate Development Projects" (hereinafter referred to as the "Measures") has attracted the most attention. The researchers pointed out that this reflects the current orientation of stabilizing parking space prices and safeguarding the rights and interests of car owners in Guangzhou. If the developer rents and sells the parking garage illegally, what punishment will be imposed? On the 24th, the Municipal Housing and Urban-Rural Development Bureau issued the interpretation draft of the Measures, pointing out that construction units that fail to rent or sell parking spaces and garages according to the Measures will be dealt with in strict accordance with the Measures for the Supervision and Administration of Housing Transactions in Guangzhou and the Regulations on the Management of Parking Lots in Guangzhou.

There is insufficient parking space in the underground parking lot of a residential area in binjiang road, Haizhu District, and some car owners parked their cars at the door.

Voices of all parties

Developer: The rental profit is too low, and I want to sell my parking space and realize it.

According to the reporter, in the past, due to the high cost of parking spaces built by developers and the small population of real estate, some parking spaces in the city center were valuable but could not be sold. Developers hold hundreds of parking spaces and can only charge a little rent every month. With the increasing population density in the city center, developers hope to realize the sales of parking spaces in their hands as soon as possible.

The person in charge of a developer in Yuexiu District told the reporter that when they developed a project in the old city more than ten years ago, the price of a parking space was 1.2 million yuan. Because there are several open spaces around the project, the owners can park for free, and the parking spaces can't be sold for several years. Later, the surrounding buildings gradually increased. Last year, there were 500,000 parking spaces in the community, which were sold out in one week.

In recent years, why are developers anxious to sell parking spaces? In the interview, real estate expert Deng Haozhi calculated an account. Take a residential area in a central district of Haizhu District as an example. The parking space in this residential area costs 500,000 yuan/set, and the rent is 1.200 yuan/month. After calculation, the annual rent is only 1000 yuan, and the rate of return is only about 2%. The average development financing cost of developers is 6% ~ 7%. "The rental return rate of parking spaces is not as good as the interest of developers' bank loans. Parking space sales can bring a lot of remittances to developers in a short time."

Industry experts: The New Deal keeps pace with the times and is difficult to implement.

Yan Yuejin, research director of the think tank center of Yiju Research Institute, believes that the "Measures" clarify that owners can only subscribe for one parking space every time they buy a house, which shows that Guangzhou is actually actively promoting the practice of restricting the purchase of parking spaces, and also shows the phenomenon of parking space speculation in the past, which reflects the current orientation of stabilizing the price of parking spaces in Guangzhou market and safeguarding the rights and interests of owners. In addition, the "Measures" also emphasizes the concept of parking space rental. For example, it is clear that parking services should not be refused in the name of "only selling without renting", that is, the use area of parking spaces should be actively increased to solve the parking problem. The "Measures" have great constraints on relevant housing enterprises and property management departments, and also prevent disputes over the rental and sale of various parking spaces.

Yan Yuejin also mentioned that in the transfer of parking spaces, the "Measures" stipulate that community owners give priority to the purchase of parking spaces to be transferred, and also give priority to the management and use of parking spaces. He suggested setting some price limit policies on the transfer price of parking spaces to prevent some landlords from speculating on parking spaces.

Deng Haozhi, a real estate expert, believes that the New Deal keeps pace with the times, but it is difficult to implement. At present, many real estate projects have some fraudulent practices. For example, some unsold parking spaces casually hang a license plate number, saying that they have been rented, which makes the parking spaces look very nervous; Only a very small number of parking cards are provided at the entrance gate. There are obviously empty parking spaces inside, but temporary parking can't get in. Deng Haozhi said that these practices did not violate the regulations on the surface, but there was no way to complain and it was difficult to obtain evidence. He suggested that the regulatory authorities strengthen supervision and increase penalties for violations.

After the promulgation of the "Measures", it is widely believed that this is a heavy-handed rectification of the phenomenon of "only selling and not renting" parking spaces in residential areas by Guangzhou Housing and Construction Bureau. Guo, a lawyer of Guangzhou Law Firm, said that under the social background that sky-high parking spaces are constantly appearing, the promulgation of the Measures is very appropriate, which will help to find a balance between the interests of developers and community owners, alleviate the current shortage of parking spaces and the rising price of parking spaces, and more fully protect the rights of every owner.

In addition, many lawyers have interpreted the provision that "the owners of the same community can give priority to the purchase of the parking spaces to be transferred" from the perspective of the Property Law. Xu Hao, a lawyer of Beijing Shi Jing Law Firm, said: "According to Article 74 of the Property Law, planning parking spaces and garages for parking cars should first meet the needs of owners."

Hot spot focusing

If the developer illegally rents and sells the parking garage, how to punish it?

On the 24th, the Municipal Housing and Urban-Rural Development Bureau issued an interpretation draft of the Measures. In particular, in terms of supervision, the real estate administrative department will strengthen the supervision and management of parking spaces, garage sales and rentals planned for real estate development projects. Construction units that fail to rent or sell parking spaces and garages in accordance with the Measures will be dealt with in strict accordance with the relevant provisions of the Measures for the Supervision and Administration of Housing Transactions in Guangzhou and the Regulations on the Administration of Parking Lots in Guangzhou.

Article 46 of the Measures for the Supervision and Administration of Housing Transactions in Guangzhou stipulates that if real estate development enterprises and other real estate development units rent or sell parking spaces (garages) without going through the procedures of publicity and filing of the rental and sale plans, or rent or sell parking spaces (garages) in violation of regulations, the real estate administrative department shall order them to make corrections within a time limit and impose a fine of not less than 30,000 yuan but not more than 50,000 yuan on the units.

"If the developer refuses to implement the measures, the owner can report to the Housing and Urban-Rural Development Bureau, and the local property authorities and the Housing and Urban-Rural Development Bureau will impose administrative penalties." Regarding the specific punishment measures, Xu Hao introduced that according to Article 6 1 of the Guangzhou Parking Regulations, if unsold parking spaces and garages are not rented out for motor vehicle parking as required, or if the unsold parking spaces and garages meet the needs of the owners first, the housing administrative department shall order them to make corrections within a time limit; If no correction is made within the time limit, a fine of100,000 yuan but not more than 500,000 yuan shall be imposed, and it shall be incorporated into the public credit information management system of this Municipality.

News link

Guangzhou studies and formulates residential parking.

Rules for negotiation and bargaining of service fees

On May 17, the Guangzhou Municipal Development and Reform Commission replied to the Proposal on Strengthening Government Intervention to Restrict the Sale of Parking Spaces at High Prices (No.20192017) put forward by Liang Lizhen, a representative of the Municipal People's Congress, saying that Guangzhou has been standardizing the planning and allocation rules of parking spaces and garages in real estate development projects since 2008.

According to the Price Law of People's Republic of China (PRC), the state implements the mechanism that prices are mainly formed by the market. The prices of most commodities and services are regulated by the market, and the prices of a few commodities and services are guided or priced by the government. The prices of commodities and services subject to government guidance or government pricing mainly include: the prices of very few commodities closely related to national economic development and people's lives, the prices of a few commodities with scarce resources, the prices of commodities operated by natural monopolies, the prices of important public utilities and the prices of important public welfare services.

According to the Pricing Catalogue of Guangdong Province (Version 20 18), the sales price of parking spaces does not belong to government pricing and government guidance price, but belongs to market adjustment price. Therefore, government departments cannot directly set the sales price of parking spaces or impose the highest price limit on them.

In recent years, the problem of high parking price is mainly caused by the imbalance between supply and demand, and it is also related to the impact of the increase in parking fees after the release of 20 15 residential parking fees. In order to promote the construction of parking facilities, promote the supply of new berths, improve the allocation efficiency of parking resources, standardize the charging behavior and maintain the normal price order, Guangzhou is currently formulating relevant policies and detailed rules to further strengthen the management of parking charges. On the one hand, standardize the price behavior of parking lot operators, and study and formulate the bargaining rules for motor vehicle parking service charges negotiation in residential parking lots in Guangzhou. At present, the detailed rules are seeking the opinions of relevant units. On the other hand, according to the relevant provisions of the Guangzhou Parking Regulations, the urban road parking fee standard is formulated. At present, the Municipal Development and Reform Commission, together with the Municipal Finance Bureau and the Transportation Bureau, has drafted a standard scheme for temporary parking charges on urban roads in six districts of downtown Guangzhou.