Job Recruitment Website - Property management company - What does public construction mean? What are the advantages and disadvantages? Please analyze and understand prawns!
What does public construction mean? What are the advantages and disadvantages? Please analyze and understand prawns!
Public buildings in residential areas should be used for education, medical and health care, culture and sports, commercial services, financial posts and telecommunications, community services, administration and municipal utilities.
For the ownership of public buildings, according to the Measures for the Administration of Commercial Housing Sales formulated by the Ministry of Construction, the real estate development enterprise and the buyer agreed when concluding a written commercial housing sales contract. The Regulations on Property Management promulgated by the State Council stipulates that real estate development enterprises should allocate necessary property service rooms in the property management area according to the regulations. According to the property law of our country, the property service room belongs to the owner.
If it is a public building in a residential area, its ownership should be determined according to the commercial housing sales contract signed by the owner and the residential developer. However, the part of public buildings that belongs to property service rooms is legally mandatory for all owners, and developers have no right to dispose of it without legal procedures. If it is sold privately, it shall be returned to all owners; If they refuse to return, all owners can seek legal protection through judicial channels.
In addition, if the part of the commercial housing sales contract that is not used for property services does not belong to the developer, and the developer privately occupies or disposes of it without authorization, the obligee may also seek legal protection through judicial channels; The commercial housing sales contract stipulates that the public buildings that are not used for property services are owned by the developer, but if the developer or the buyer of public buildings changes the use of public buildings, it violates the provisions in the Property Management Regulations that public buildings and facilities built according to the plan in the property management area shall not be changed, and all owners may request the people's court to order or the administrative department to order the developer or facilities.
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