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Which department manages the greening of the community?
First, to whom does the greening of residential areas and roads belong?
The roads and green spaces in the community do not belong to the developers, but to all the owners. Roads within the building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places within the building division. Public facilities and property services belong to the owners.
Second, who owns the residential green space?
Roads within the building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.
For the general old-style open community, the houses were mostly state-owned or collective property at the earliest, and were managed by state-owned and collective units such as the Housing Authority and neighborhood committees, and residents paid rent. After the housing reform, residents paid the house price and obtained the ownership of the house, but the owner's purchase price usually does not include the share of public facilities, so the ownership of public facilities such as residential green space and roads still belongs to the state or the collective. This has caused the separation of the right to use and ownership of public facilities, which has led to the chaotic phenomenon that public facilities in some open communities are unattended or neglected by relevant departments and residents take the lead in using them.
"It should be noted that although the owners do not own the public facilities in the above-mentioned open residential areas, they have the same right to use them. Indiscriminate use by individual residents will inevitably infringe on the right to use other owners. According to the relevant laws and regulations, any organization or natural person occupying the public facilities in the community must be approved by the owners' meeting. "The above public facilities can be managed by the owners' committee on behalf of all owners. If the industry Committee does not have the management conditions, it can be managed by the local neighborhood Committee, and will gradually transition to the management of professional property companies in the future. Residents can report the phenomenon of indiscriminate use to the housing management department or the urban construction management department, and the above-mentioned departments will punish them with reference to relevant laws and regulations, or the industry Committee will sue those who misuse the property on behalf of the owners, and the court will order them to stop the infringement, remove the obstacles and compensate for the losses.
Three. Who owns the public facilities and other public * * * places for road green space property services within the building division?
According to the relevant laws and regulations, the roads within the building division are owned by the owners, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner. The reality is that the green space in the building division is basically owned by the owners. Some roads are owned by the owners and some by the municipal government. Ownership of property management houses, Article 38 of the Regulations on Property Management stipulates that 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. After investigation and study, the legislative department believes that roads, green spaces, public facilities, property service rooms and other public places within the building division should be owned by the owners in principle. Therefore, the relevant laws stipulate that the roads within the building division belong to the owners, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner. The green space and roads stipulated in this article belong to the owners, which does not mean that the land ownership of the green space and roads belongs to the owners, but that the green space and roads belong to the owners as attachments to the land.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 35 of the Regulations on Property Management.
The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.
The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
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