Proposal to rectify illegal sales of parking spaces

Suggested by: xxx

Suggested content: Request the following nationwide rectification of illegal sales of parking spaces

Suggested reasons:

In recent years, with the rapid development of the residential real estate market, housing as a commodity has been increasingly concerned by the society, especially the vast number of consumers, and recently, parking space disputes have gradually become a hot spot in national consumer complaints.

The proponent found in the investigation that the illegal sale of parking spaces by developers is quite common, mainly as follows:

1. It is known that the property package cannot be transferred separately, but the developer still illegally sells the above-ground or underground parking spaces.

Article 37 of the Law of the People's Republic of China on Urban Real Estate Management stipulates that “the certificate of ownership certificate is not legally registered and may not be transferred”
This kind of parking space belongs to the owners of all the communities. It is a mandatory supporting facility of the community. It is not allowed to be transferred separately. As the attachments and objects on the ground, it has been transferred to all the owners with the transfer of the land use right of the community. The developer has no right. sell.

2. Fraudulent consumers in the name of 50 years or 70 years of use

Article 214 of the Contract Law states: "The lease term shall not exceed twenty years. If it exceeds twenty years, the excess shall be invalid."
Consumers renting parking spaces have a maximum period of only 20 years. Anyone who sells for more than 20 years and does not declare to consumers that they are not protected by law after 20 years is fraudulent.

3. Illegal sales of parking spaces for underground civil air defense

The "Personnel Defense Project" is a public utility supporting facility established in accordance with the requirements of the state. The developer may not sell it without authorization. As a mandatory accessory, it has been transferred to all owners with the transfer of land use rights. In reality, there are developers who violate the law. The case of sales.

Article 31 of the Law of the People's Republic of China on Urban Real Estate Management stipulates: “When real estate is transferred or mortgaged, the ownership of the house and the land use right within the scope of the house are simultaneously transferred and mortgaged.” “Urban State-owned Land Use in the People’s Republic of China Article 23 of the Interim Regulations on the Transfer and Transfer of Rights stipulates: “When the land use right is transferred, the buildings and attachments covered by the land shall be transferred at the same time.” After the developer sells the building, the land use right of the community has been transferred to all the owners. Therefore, the parts without a separate title certificate are the property shared by the owners.

The illegal sales behavior of the developer has caused huge losses to the owner's rights and interests. For example, only 4,000 communities in Beijing are used. If there are 500 parking spaces in each community, illegal sales by developers: illegal profits of at least 100 billion yuan.

If the rent is illegally rented by the developer, the rental price generally ranges from 150 yuan/month to 1200 yuan/month, and the owner's property is lost at least 300 million yuan per year.

For such large interests and various illegal sales behaviors of developers, it is difficult for consumers to protect their rights and interests. According to statistics from China Consumers Association and local consumer associations, in all kinds of complaints, real estate complaints are the most difficult to resolve and the mediation success rate is the lowest.

Consumers' rights protection is difficult. Take Qingdao Qiantaiju as an example. In January XX, the Qiantaiju Owners Committee reported to the administrative department that the developer illegally sold the garage and asked the administrative department to investigate and punish the violation of the owner's common property. Result: The reply of the Construction Committee - recommended transaction center processing, and the trading center has no actual action, reply to the proposed legal approach to solve!

The proponent believes that the illegal sales of parking spaces is becoming more and more serious. On the one hand, due to the interests, the developers violate the law; on the other hand, due to the weak enforcement of the relevant competent authorities, there is a lack of effective investigation and punishment of illegal activities. Illegal sales are so common that relying solely on the power of consumers alone does not solve the problem.

As the competent department of the real estate industry, the Ministry of Construction shoulders the responsibility of regulating the real estate market; the leaders of the Ministry have repeatedly stressed: "We must earnestly implement, maintain and develop the fundamental interests of the people from the height of the implementation of the Constitution."

In order to protect the legitimate rights and interests of consumers, it is recommended that you ask your department to rectify illegal sales of parking spaces nationwide:

1. Clarify functional positioning, clarify responsibilities, and avoid situations where consumer complaints are not resolved.

2. Carry out rectification work nationwide, investigate and deal with illegal sales of parking spaces, classify and deal with them, and regulate the real estate market: developers who are prohibited by the state from selling, violating the Land Administration Law and other relevant laws, administrative regulations and national policies. Investigate and deal with the law according to law; order the parking spaces that do not meet the planned project construction, order the construction to be suspended, and rectify within a time limit: completely eliminate the developers' efforts in land allocation and planning land!

To:

Suggested person: xx