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What are the laws and regulations against others installing elevators?
Article 38 "Article 38"
Thirty-ninth planning conditions are not included in the state-owned land use right transfer contract, the state-owned land use right transfer contract is invalid; The people's governments at or above the county level shall revoke the relevant approval documents for the construction units that have not obtained the planning permit for construction land; If the land is occupied, it shall be returned in time; If losses are caused to the parties concerned, compensation shall be made according to law.
Fortieth construction projects that require the construction unit to prepare detailed construction plans shall also submit detailed construction plans.
To sum up, the legislative intent of these three related laws is: to obtain a planning permit for construction projects, we must first obtain a contract for the transfer of state-owned land use rights!
According to Article 76 of People's Republic of China (PRC) Property Law, the following matters shall be decided by the owner:
(six) the renovation of buildings and their ancillary facilities;
Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.
As you can see clearly, the property law says "exclusive part", while the land for new elevators does not belong to "exclusive part", but belongs to "* * * with part". Two-thirds can only decide the exclusive part, but not the part owned by * * *, let alone the land use right belonging to the state. If we can vote for other people's land or part of it, can we vote for Beijing to build our building? Can a single-family villa be built everywhere?
Provisional Regulations of the People's Republic of China on Assignment and Transfer of the Right to Use Urban State-owned Land
Article 18 Where a land user needs to change the land use as stipulated in the land use right transfer contract, he shall obtain the consent of the transferor, re-sign the land use right transfer contract in accordance with the relevant provisions of this chapter, adjust the land use right transfer fee, and register.
According to the above-mentioned laws, because the new elevators in the old buildings use new plots, basically the owners of the elevators in the old buildings have not obtained the contract for transferring the right to use state-owned land, which should be illegal construction without land use rights. Land use rights still belong to the state. According to the Land Management Law of the People's Republic of China, no matter how many people vote (even if 100% agrees), the state's land use right cannot be directly used without compensation and without procedures.
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