Job Recruitment Website - Property management company - What does property ownership include?
What does property ownership include?
What does property ownership include?
First, according to the Land Management Law, the Urban Real Estate Management Law and the Urban Real Estate Transaction Management Regulations, "when the land use right is transferred, the ownership of buildings and attachments on the land will be transferred with the transfer of the land use right", that is, when all buyers purchase the land use right of all commercial houses and bases, the ownership of all buildings and attachments located on the land without independent property rights will be transferred to all buyers (that is, all owners).
Second, from the perspective of the cost composition of commercial housing. According to the Interim Measures for the Administration of Commercial Housing Price, the cost of commercial housing price includes the cost of infrastructure construction in residential quarters and the cost of non-operating supporting public buildings in residential quarters. In addition, Article 6 of "Opinions of State Power Company on Charge Management of Power Supply Facilities in Newly-built Residential Areas" stipulates: "In newly-built residential areas, if the investment in outdoor power distribution facilities invested by newly-built residential units is shared with the construction cost, the property rights of outdoor power distribution facilities shall be owned by residents * * *".
Third, from the perspective of the right to use public facilities. The public facilities in residential areas are a part of the whole house. Without housing, there would be no public facilities. Like corridors and courtyards, they belong to different owners. According to the national Regulations on the Administration of Adjoining Houses with Different Properties in Cities, all owners and users should use the facilities they own and use reasonably, and undertake corresponding obligations; Unless otherwise specified, neither party shall possess or monopolize it; Developers in the sale of property to the majority of owners, but also the land use rights and public facilities built at the same time with the residential transfer. Therefore, public facilities, like houses, are the owners of residential areas.
Fourth, from the community public facilities management institutions. According to the "Measures for the Administration of New Urban Residential Quarters" of the Ministry of Construction and the spirit of relevant laws and regulations of relevant state departments on strengthening the property management of residential quarters, the property rights of public facilities in residential quarters should be managed by the owners' committee, the representative organization of the majority of owners or users. The property right of public facilities belongs to all owners; The owners' committee exercises the right of disposal on behalf of the owners, and the owners' committee selects the property management company to entrust it with the right of management.
What facilities and equipment are used in the property?
The facilities and equipment used in this property refer to water pipes, downpipes, water tanks, booster pumps, elevators, antennas, power supply lines, lighting, boilers, heating lines, gas lines, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells and non-operating garages in residential quarters or single houses, and their construction costs have been allocated to the housing sales price.
How to deal with the behavior of occupying the owner's public facilities?
No matter the owner or any individual owner, the * * * part of the property shall not be used for business without authorization, and the owner shall not deal with the * * * part of the property without authorization. Article 58 of the Regulations on Property Management: If the construction unit arbitrarily disposes of the ownership or use right of the property parts and facilities belonging to the owners, the real estate administrative department of the local people's government at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.
Legal basis:
property management regulations
Article 38 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.
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