Homeowners' Rights Manual: 300 Questions on Home Purchase, Property Management, and Housing Demolition

Author: Liu Changbing, Chen Longhai
Publisher:
Publish Date: 2004-03-01
Features: Through an in-depth elaboration and detailed analysis of the laws and regulations, rights protection systems, and rights protection cases in the real estate and property management industries, the authors have transformed the complex legal provisions into clear Q&A formats. Using concise and straightforward language, they comprehensively dissect rights protection cases across the country, enabling homeowners to quickly grasp essential rights protection knowledge and truly achieve lawful rights protection with guaranteed success. The Q&A section on rights protection knowledge in this book covers all stages of home purchase, including post-purchase rights protection (the mixed period of real estate and property management rights protection) and important rights issues related to property management for homeowners, with highlighted key points and comprehensive content. The case analysis section selects representative success or failure cases with resolved rights protection outcomes, offering strong operational and reference value. The "Rights Protection Knowledge" and "Essence of Legal Provisions" sections in this book are essential business knowledge for real estate, property management, and demolition professionals, while the "Rights Protection Cases" listed provide practical examples for professionals to safeguard corporate image, protect homeowner interests, and reduce judicial disputes. From another perspective, this book is an invaluable business reference for real estate, property management, and demolition professionals.
099 Q: How is the public building area allocated for residential units priced per unit interior area?
A: For residential units priced per unit interior area, the construction costs of the allocated public building area are included in the unit interior area sales price and are not separately charged.
100 Q: Who owns the rights to the public building area allocated for residential units priced per unit interior area?
A: The total public building area of the residential project and the allocated public building area for the unit or entire floor should be recorded in the purchase and sale contract. The ownership of this allocated public building area belongs to all property owners jointly, and no individual or entity may occupy it alone.
101 Q: What are the similarities and differences between sales based on unit interior area and sales based on total building area?
A: Sales based on "unit interior area" essentially use "unit interior area" as the transaction area, with prices calculated based on unit interior area. The construction costs of the allocated public building area are included in the unit interior area sales price and are not separately charged. Additionally, the purchase and sale contract should record the total public building area of the residential project and the allocated public building area for the unit or entire floor, with ownership belonging to all property owners jointly, and no individual or entity may occupy it alone. Sales based on "total building area" essentially use the sum of the unit interior area and the allocated public building area as the transaction area, with prices calculated based on total building area. Due to the existence of "allocated public building area," the selling area becomes complicated and specialized, making it difficult for non-professional property surveying technicians to determine the reasonableness and accuracy of the "allocated public building area." Buyers cannot visually understand the actual size of the property they are purchasing. Compared to sales based on "total building area," sales based on "unit interior area" only exclude the "allocated public building area," with its construction costs included in the unit interior area sales price. Therefore, the total transaction price remains unchanged, but the selling area is clearer, more specific, and more intuitive. Both methods grant equal rights to the allocated public building area.
102 Q: How will government authorities regulate the allocation of public areas (e.g., lobbies, staircases, corridors) under sales based on unit interior area?
A: Under sales based on "unit interior area," since the transaction area does not include "allocated public building area," developers may reduce the size of public areas like lobbies, staircases, and corridors to save construction costs. Government authorities should strictly oversee design drawings, construction permits, completion inspections, and as-built surveys to protect owners' legal rights to the "allocated public building area," even the "non-allocated public building area."
103 Q: Will the collection of property management fees change under sales based on unit interior area?
A: Since property management fees are set based on "total building area," property management departments collect fees based on "total building area." Under sales based on "unit interior area," the purchase and sale contract and real estate certificate note "total building area," so the collection of property management fees remains unchanged.
Six. Property Registration Knowledge
104 Q: What is real estate registration?
A: Real estate registration refers to a legal system where a legally authorized institution records an applicant's real estate rights in government-specific ledgers and issues real estate rights certificates. It is a fundamental system for strengthening real estate management and safeguarding the legitimate rights and interests of real estate parties.
105 Q: What content is primarily recorded in real estate registration?
A: The content of real estate registration includes the registration of land use rights and the ownership and other rights of buildings above ground. It involves specialized records of the property rights holder, the nature of property rights, the source and acquisition time of property rights, changes in property rights, as well as the area, structure, use, value, registration, coordinates, and shape of the real estate.
106 Q: Which department is responsible for real estate registration and how are applications accepted?
A: The real estate administration department, specifically the Bureau of Land and Resources, is responsible. According to the "Shenzhen Special Economic Zone Real Estate Registration Regulations," the Shenzhen Real Estate Administration Department, i.e., the Shenzhen Planning and Land and Resources Bureau, is the real estate registration authority for the special zone. The registration and certification work are specifically handled by the Real Estate Management Office of the bureau and the Real Estate Registration Sections under each branch. Registration applications are accepted by the property rights processing windows of each branch in accordance with regulations.
107 Q: Under what circumstances is real estate registration refused or postponed?
A: Registration authorities may decide to postpone registration in the following cases: (1) property rights disputes have not yet been resolved; (2) cases involving illegal land use or unpermitted construction that have not been addressed or are currently under review; (3) application documents requiring revision or correction upon acceptance; (4) cases where property rights are restricted by judicial authorities or the municipal government through confiscation or seizure; (5) other reasons stipulated by laws, regulations, or government rules that require postponement of registration.
108 Q: What risks are involved in not obtaining a house ownership certificate?
A: 1) According to Chinese law, properties without a property rights certificate cannot be listed for sale or rented out; 2) If the property rights certificate is held by the developer and an unscrupulous developer re-mortgages the property without the owner's knowledge, the owner's property is used again. If the developer goes bankrupt or closes down, banks will liquidate their assets and settle debts. Since the property rights certificate remains with the developer, the property will also be liquidated as the developer's asset, leaving the developer with nothing. Even if the owner has valid reasons, they cannot recover anything from the developer; 3) Without a property rights certificate, if the owner faces an accident while residing in the property, they are still liable for compensation. According to relevant laws, although the ownership has not transferred, the owner's occupation and use of the property transfer the risk liability. Therefore, if a fire or other incident occurs, the insurance compensation will be claimed by the developer. If the owner causes damage due to improper use, they must compensate in accordance with relevant regulations.
109 Q: How should one apply for real estate registration?
A: To apply for real estate registration, one typically submits an application and relevant documents to the local planning and land resources department within the prescribed time. After review, if the applicant's application meets the requirements, the registration authority will approve the registration within the specified time and issue a real estate rights certificate.
110 Q: What types of real estate registration exist, and how long does the processing time take?
A: Real estate registration types include initial registration, transfer registration, mortgage registration, change registration, and other registrations. Among these, initial registration takes 90 days for processing, transfer registration 30 days, mortgage registration 15 days, and change registration 30 days.
111 Q: How is the name of the property rights holder determined in real estate registration?
A: The name of the property rights holder is determined as follows: (1) for corporate legal persons, it is the legal name registered during their business registration; (2) for government agencies and public institutions, it is the legal name of the agency or unit or the name confirmed by the government; (3) for non-legal entities, it is the name legally registered or approved by the government; (4) for individuals, it is the name on their legal identification documents; (5) for co-owners, it is the names or surnames of all rights holders.