The real estate company uses it to withdraw funds, and the owner is broken because of it

  The chaos of civil air defense parking spaces: false propaganda, disguised trading, security concerns...

  In a residential area in the central part of the underground parking space marked with a "civil air defense area", debris piled up and the walls were mottled.

Photo by reporter Yao Ziyun

  The contract concealed tricks, selling civil air defense parking spaces in disguise; the equipment was shoddy, and the daily maintenance was worrying... Recently, some netizens reported related chaos in the "National Photo" column of the client of Xinhua News Agency.

  The Xinhua Daily Telegraph reporter found that in recent years, driven by the "high turnover" development model of the real estate market, related companies have been "scratching the ball" in the construction, management and use of civil air defense parking spaces in order to quickly withdraw funds, causing conflicts and disputes. The safety hazards should not be underestimated.

  Relevant experts suggest that the daily supervision of civil air defense parking spaces should be strengthened, and at the same time, to speed up the clarification of relevant property ownership and the distribution of rights and responsibilities from the legal and normative level.

Annoying air defense parking spaces

  Civil air defense parking spaces refer to parking spaces set up in civil air defense spaces in various communities in accordance with the requirements of the Civil Air Defense Law.

The reporter's investigation found that in recent years, there has been an increasing number of complaints about conflicts and disputes surrounding civil air defense parking spaces, which are concentrated in the following aspects:

  Conceal attributes and trade in disguise.

According to an owner of an urban community in the central region, in February 2019, he subscribed for a parking space for 89,000 yuan. After a recent field inspection, it was discovered that the purchase was actually a civil air defense parking space.

The relevant agreement provided by the owner indicates that the use right of the underground parking space is the same as the land use period of the house purchased by Party B, that is, 70 years.

  According to the project leader, more than 100 owners have signed similar agreements.

After investigation, the relevant local authorities determined that this clause violated the relevant regulations issued by the civil air defense department and was a disguised sale of civil air defense parking spaces. They interviewed the project construction unit and ordered them to make corrections immediately.

  Management is chaotic and security is worrying.

As a civil air defense project, safety and health are of paramount importance for civil air defense parking spaces. However, during the interview, the reporter found that civil air defense parking spaces in some communities are often chaotically maintained and prone to safety hazards.

  According to the public, the quality of the ventilation system of the civil air defense parking spaces in the community is worrying, and it is often foggy.

"Now I buy a product for a few hundred yuan, and the after-sales service is very good, but the parking space bought for 100,000 yuan is broken after the sale." An owner said that after the owner moved in last year, he came back from a business trip for a week. , It was found that mold spots had grown on the car seats, and there were dense mold spots on the line pipes of the civil air defense parking spaces.

Some owners questioned that air defense projects need to be airtight when they are activated. How to ensure safety in such bad air?

  A community owner told reporters that his community was built in 2009. Due to poor management of the underground garage, there have been instances where the ventilation pipes and light pipes fell and hit vehicles on many occasions.

"If things go on like this, sooner or later, it will happen sooner or later." The owner told reporters that after receiving the complaint, the civil air defense department investigated and found that the underground garage had not been accepted as a "civil air defense project".

  The investigators of the civil air defense department stated that, in accordance with relevant regulations, the developer could not apply for the real estate certificate if the civil air defense project was not accepted.

“What’s surprising is that not only did the house get a real estate certificate after the house was sold, but the underground parking space was also sold without property rights for many years.” The investigator said that because it was an inexperienced “civil air defense project”, they were On the contrary, the garage has no supervision power.

  Ownership is unknown, income disputes.

According to Zhang Zhiyu, a lawyer from Beijing Yingke (Nanchang) Law Firm, whether the right to profit from civil air defense parking spaces belongs to the developer or all the owners, the judgments of the local courts are not consistent.

  In one case, the Intermediate People's Court of Fuzhou City, Jiangxi Province held that all owners have corresponding rights; while in some judgments in other places in China, there are judicial opinions that the right to use civil air defense parking spaces and the right to profit belong to the development enterprise.

  At the same time, in the dispute settlement, due to lack of organization, some owners are often in a weak position in communicating with development companies or property companies, especially when the development company or property company is not an enterprise, they may also encounter “kick the ball” behavior and communication. Relatively weak.

  Transmission of side effects under "high turnover"

  The reporter's investigation found that the use and management of civil air defense parking spaces caused a lot of controversy, in addition to the unclear objective reasons related to laws and regulations, a very important reason is the side effect transmission of the popular "high turnover" model in the development of the real estate market .

  The so-called "high turnover" refers to the fact that in recent years, real estate profits have continued to decline, financing has become increasingly difficult, and debt has gradually increased. Real estate companies have earned profits by increasing capital turnover.

  A business person in charge used the analogy of "covering the lid": If the debt item is likened to a barrel lacking a lid, 10 barrels only have 3 lids, how can the game continue at this time?

Only fight hand speed.

  According to a project leader of a real estate development company, driven by the "high turnover" model, a project cycle is generally only 3 to 5 years. Most companies hope to shorten the construction period and quickly obtain pre-sale certificates. One of the key points is that Ring is the rapid completion of underground construction, including underground civil air defense projects with higher construction costs, which has caused some projects to be "fast" while laying down quality concerns.

  The key reason for the strange occurrence of "not ventilated" in the underground air defense areas of some newly built communities is cost control.

Due to the high price of basement exhaust air dehumidification equipment and high power consumption, a community of about 1,000 households requires two to three million yuan a year for operation and maintenance costs for this item alone. In order to reduce costs, construction units often purchase prices. Inexpensive equipment does a good job.

  At the same time, under the current policy, as civil air defense parking spaces cannot handle property rights, and the proportion of civil air defense parking spaces in the underground parking spaces of newly built communities is generally as high as one-third, the industry also refers to civil air defense parking spaces as "inefficient assets."

  This also makes companies pursuing "high turnover" more inclined to "snap the edge" and sell as many civil air defense parking spaces as possible instead of providing short-term rental options to the owners through false propaganda, selling but not renting, etc., in order to quickly withdraw funds. Invest in the next project.

  In interviews, the owners of multiple real estate projects reported that when purchasing parking spaces, the company did not clearly inform them that they were buying air-defense parking spaces, and there was no clear note on the contract, and the residential air-defense parking spaces were only sold but not rented. Some underground air-defense parking spaces It was also locked in pieces.

  "The cause of a strange phenomenon is that temporary parking spaces on the ground are'overcrowded' and parking is difficult, and the underground'civil air defense garage' is empty for sale." Several owners reported.

  Prevent unspoken rules "barbaric growth"

  In order to effectively safeguard the legitimate rights and interests of all parties and improve the efficiency of the use of civil air defense parking spaces, many industry insiders and interviewed experts believe that on the one hand, the regulatory authorities must respond to the demands of the masses in a timely manner and increase investigations and punishments of the chaos in the construction, management and use of civil air defense parking spaces. On the other hand, it is necessary to clarify the ownership of relevant property rights and the distribution of rights and responsibilities from the legal and normative level as soon as possible.

  In interviews, some development companies admitted that “disguised trading” of civil air defense parking spaces and other behaviors are commonplace in the current market, which seems to have become a “hidden rule”.

  However, the reporter learned that as early as 2012, the "Notice on Further Regulating the Use and Maintenance of Air Defense Basements" issued by the Civil Air Defense Office of Jiangxi Province made it clear that no unit or individual may buy or sell or use long-term leases in disguise. Buy and sell air defense basements.

The "Notice" also requires that, in the case that the state has not yet clarified the property rights of air defense basements, air defense basements are only allowed for short-term leases in normal use, and the lease contract period shall not exceed 5 years.

  In this regard, industry insiders suggest that the regulatory authorities should increase the supervision of market violations to prevent orders from being improper and to prevent the "barbaric growth" of natural rules.

  Zheng Gang, director of the Infrastructure Department of Jiangxi Construction Vocational and Technical College, said that civil air defense parking spaces belong to combat readiness space, and only by strengthening daily management can the role of civil air defense engineering be played in an emergency.

At the same time, owners can enhance their negotiating capabilities and better protect their legitimate rights and interests by establishing property committees and other methods.

  While strengthening supervision, it is necessary to advance with the times and establish rules and regulations at the level of laws and regulations.

According to the Civil Air Defense Law of the People's Republic of China, civil air defense projects are usually used and managed by investors, and the proceeds belong to the investors.

  According to Zhang Zhiyu, in judicial practice, the developer is usually regarded as the builder of the civil air defense project and the developer is the initial investor of the civil air defense parking space. However, the current law does not regulate whether the investor will change with the sale of the house or change the conditions. Clearly defined.

It is recommended that these key issues should be clarified at the level of legal norms, so as to reduce the distress caused to the masses by different judicial precedents and reduce the masses' rights protection costs.

(Reporters Hu Jinwu, Yu Xianhong, Yao Ziyun)