What is the nature of supporting kindergartens in Shanghai residential areas?

Owners, property owners and educators hold different opinions on the ownership of supporting kindergartens in residential areas. Who should own the property rights of supporting kindergartens in residential areas? The reporter interviewed lawyer Zhou of Anhui Shixin Law Firm on this issue. Lawyer Zhou believes that according to the existing laws and regulations, the ownership of community kindergartens is rather vague. For example, Article 73 of the Property Law stipulates that, except in certain circumstances, roads and green spaces within the construction area belong to the owner * * *, and other public places, public facilities and property service rooms within the construction area belong to the owner * * *. The supporting kindergartens in the community are owned by the owners, and the Property Law does not clearly stipulate that the roads, green spaces and property houses in the community are owned by the owners, so the ownership of supporting kindergartens in the community is rather vague.

The Property Law does not clearly define the ownership of supporting kindergartens in residential quarters, so can the owners not determine the ownership of their own kindergartens in residential quarters? Lawyer Zhou believes that according to relevant laws, owners can also judge the ownership of kindergartens in the community from the following aspects: First, look at the property registration of supporting kindergartens in the community. If the property right is registered as the construction unit, the property right belongs to the construction unit, but the construction unit shall not change the use of the planned supporting kindergarten; If there is no property right registration, the owner can also see if there is any agreement on this issue in the purchase contract. If there is an agreement, the contract shall prevail; If there is neither property right registration nor contract agreement for the supporting kindergarten in the community, then according to the principle of "whoever invests will benefit", it depends on whether the owners of the community share the construction cost of the supporting kindergarten. If the owner has shared the construction cost, it should be owned by the owner.

"But it is also difficult to see whether the owners share the construction cost." The above-mentioned educators said that instead of leaving owners and developers confused about this ownership issue, it is better to learn from Chizhou's management measures on the construction of community neighborhood committees, and the relevant departments will jointly issue a regulation on the management of community supporting kindergartens, clarify the property rights of community supporting kindergartens, and turn community supporting kindergartens into public parks or inclusive kindergartens.