The Paper reporter Ji Simin
Bentley and Rolls-Royce are easy to get, but a parking space in Shenzhen is hard to find.
Recently, there has been a lot of uproar over the disputes over parking spaces in Shenzhen Baoneng Mansion.
The incident was caused by a female owner claiming that her parking space was occupied by a Rolls-Royce for a month, while the Rolls-Royce owner claimed that she was parked in a public parking space, so the two sides quarreled.
What seemed to be an ordinary parking space dispute originally sparked heated discussions on the Internet because of the female owner's remarks such as "50 Bentleys, drive my Bentley to block him, my husband is the secretary of a state-owned enterprise" and so on.
At present, the focus of public opinion is still on the female owner and her husband, the secretary of the state-owned enterprise.
The latest news shows that the female owner responded that "the intention was to transfer 50 cars from the Bentley car club".
But aside from the background of the characters, the contradiction that may be more worth exploring is whether Baoneng, as a developer, has the right to "gift" parking spaces to the owners as "dedicated parking spaces" and the current parking difficulties in Shenzhen.
Developers "gift" parking spaces lead to contradictions
According to The Paper, the community involved is the Baoneng Mansion in the Xiangmihu area of Shenzhen, which is a high-end residential community with an average price of over 100,000 yuan per square meter.
According to local intermediaries, Baoneng Mansion includes residences, apartments and talent housing.
The residential part was launched in 2016 and handed over in 2018, while the apartment part will enter the market in the second half of 2020.
At present, the shell house finding platform shows that the average government reference price of the project is 124,000 yuan/square meter, but the actual listed price is much higher than this, about 170,000/square meter to 180,000/square meter.
It is also in such a high-end community that a big drama of grabbing parking spaces was "staged".
The female owner of the apartment insisted that the parking space was occupied, while the male owner of the house did not agree, believing that the parking space in the residential area was for public use, so the two sides developed from a quarrel to a scuffle.
According to The Paper, an owner of the community involved said that the dispute was caused by the developer gifting the right to use the "public" parking space in the residential area to the owner of the apartment area as a "special parking space", which caused dissatisfaction among the owners of the residential area. Disputes continue.
The staff of Xiangmihu Street, which belongs to the community, also introduced to The Paper that the owners of apartment buildings in the community were given parking spaces by real estate developers when they purchased real estate, but some parking spaces were located downstairs in residential buildings. The owners of residential buildings advocated rights protection, and some The owner parked the car in the disputed parking space, which sparked a dispute that is currently being resolved.
However, in the video circulating on the Internet, the female owner who bought the apartment also said, "I have a sales contract for my parking space, who would dare to say that the parking space belongs to him."
Baoneng has not responded positively to the question of whether it is reasonable for the developer to "gift" parking spaces to apartment owners, and whether the developer sells parking spaces in disguise.
Baoneng said, "We have also seen some hot spots on the Internet. Now the government departments are paying attention. Everything is subject to the subsequent relevant announcements of the government. At present, it is inconvenient for us to disclose more information."
According to the environmental impact report of the urban renewal unit planning project (Baoneng Mansion) in the north area of Jianye Community, Xiangmihu Street, Futian District, the project is an urban renewal project, and the renewal method is overall demolition and reconstruction. It is planned to build 142,170 square meters of residential, 14,110 square meters of business, 40,000 square meters of business apartments, 3,520 square meters of public facilities, and provide 2,127 parking spaces.
It is worth mentioning that, because of the female owner's sentence "50 Bentleys, my husband is the secretary of a state-owned enterprise", it also attracted the attention of Shenzhen state-owned assets.
Public information shows that the secretary of the state-owned enterprise mentioned by the woman is Zhang Xiaozhong, member of the Party Committee, Secretary of the Disciplinary Committee and Chairman of the Supervisory Committee of Shenzhen Zhenye (Group) Co., Ltd., a subsidiary of Shenzhen State-owned Assets.
In this regard, the Shenzhen State-owned Assets Supervision and Administration Commission responded on June 5 that in response to netizens’ reports of “public opinion on parking space disputes involving the wife of the secretary of a state-owned enterprise in Shenzhen”, the Commission attaches great importance to it and is investigating and verifying it.
The relevant staff of Shenzhen Zhenye told Peng Mei News that Zhang Xiaozhong was indeed a senior executive of the company, and the company is also communicating with the higher authorities. The specific situation is subject to the announcement of Shenzhen SASAC.
According to a report by China Business News, the board secretary of Shen Zhenye responded that Zhang Xiaozhong is currently divorced and single, and the female Bentley owner is Zhang Xiaozhong's partner, not a family member.
Baoneng Mansion's parking space disputes have a long history
Not only the disputes caused by the gift of "dedicated parking spaces", but the disputes over parking spaces at Baoneng Mansion have a long history.
Some owners left a message on the leadership message board in August 2021, saying, "I am the owner of Shenzhen Baoneng City Mansion, and our community has been in residence for more than two years. However, Baoneng Real Estate and Jixiang Properties (properties under Baoneng) have not given any The owner has opened the -1, -2, parking lot, and only the parking lot on the -3 floor is open. After the owners communicated with the district many times, the property has opened a very few parking spaces on the -2 floor. Now all -1 and -2 Most of the parking spaces in the building are not used by the owners, the parking spaces are very tight, and parking is extremely inconvenient."
In this regard, the Xiangmihu Sub-district Office, Futian District, Shenzhen responded on September 28, 2021, "We have built a platform many times to coordinate and resolve the Baoneng City Mansion owner and Baoneng Real Estate Co., Ltd. regarding the Baoneng City Mansion. Regarding the issue of parking spaces, at present, the third floor of the Baoneng City Mansion parking lot has been opened to the owners, and some parking spaces on the first and second floors have been opened. After investigation, a total of 1191 parking spaces have been opened to the owners, of which the negative There are 95 on the first floor, 278 on the negative second floor, and 818 on the negative third floor. If you report the shortage of parking spaces and the inconvenience of parking in Baoneng City Mansion, our office has asked the property management office to actively and timely feedback to Baoneng Real Estate Co., Ltd. The situation of tight parking spaces and inconvenient parking. The management office said that it will apply to Baoneng Real Estate Co., Ltd. to increase the opening of underground parking spaces to alleviate the problem of tight parking spaces in Baoneng City Mansion.”
Another reason for disputes over parking spaces in Shenzhen is that parking spaces in Shenzhen are not for sale, so owners have no right to claim fixed parking spaces for their own use.
Li Yujia, chief researcher of the Housing Policy Research Center of the Guangdong Provincial Planning Institute, said that parking spaces in Shenzhen cannot be sold to the outside world, so for community owners, parking spaces are public, but the contradiction of this incident is that the original development was done for Selling an apartment, buying an apartment and giving a parking space, and donating some parking spaces in the residential area to the apartment owner caused conflicts.
Li Yujia mentioned that from the developer's point of view, because the parking space is not available for sale, it loses a part of its income, so the final result is often to reduce the allocation of parking spaces or violate regulations to give away or sell the right to use privately. Disguised sales of parking spaces.
On the other hand, apartments are different from houses, and sometimes they are not so easy to sell, and gimmicks or marketing by "giving away" parking spaces also occur from time to time.
However, for developers, selling parking spaces in disguised form is desperate. "Now there is not much phenomenon of buying and selling parking spaces. This happened a few years ago." As for the question of how to determine parking spaces when buying a house in Shenzhen in the future, the The source said, "This has no solution, it is based on policy."
Local people in Shenzhen also said that parking spaces in Shenzhen have always been "first come, first served", and there is no question of who the parking space is.
But it is true that parking conflicts have always been a big problem.
Shenzhen plans to increase the residential parking space allocation index, basically reaching "one household, one person"
Behind the disputes over parking spaces at Baoneng Mansion, it also reflects the fact that parking spaces in Shenzhen are tight.
Is there a way to solve the problem of parking difficulties in Shenzhen?
The planning department of Shenzhen is also carrying out the revision of the parking standards for various buildings.
Peng Mei News has noticed from the leadership message board that some netizens commented on the "Parking Space Ratio of Residential Real Estate Buildings in Shenzhen", saying, "Every year they talk about the problem of insufficient parking spaces in Shenzhen, and every year they are looking for ways to increase the supply, so why not Directly promote the solution from the most fundamental residential building parking space ratio. At present, basically every household in Shenzhen has a car, only 0.6 for those under 60 square meters, 1 for 90 square meters, and 1.6 for 140 square meters. This kind of building regulations When you go to Shenzhen, it is impossible to achieve the day when there are enough parking spaces. Every building is incomplete from the day it was born, and there will be new demand for parking spaces..."
In response to this, the Shenzhen Municipal Bureau of Planning and Natural Resources responded on March 2 this year that residential parking is a rigid parking demand. According to the "basically satisfied" supply orientation, it is planned to moderately increase the residential parking space allocation index.
In order to meet the needs of parking development in the new period, the municipal planning department is carrying out the revision of the parking standards for various buildings.
According to the data analysis of the residents' travel survey and the seventh census, there are currently about 3 million cars in Shenzhen, and the average household owns 0.4 cars, of which the average household of commercial housing owns 0.75 cars, and 64% of the households own cars. (Nearly 90% own only 1 car).
The Shenzhen Municipal Bureau of Planning and Natural Resources stated that, taking into account the city's car ownership and development trend, the planning and construction of transportation facilities, and road operation, and based on the supply orientation of "basically satisfying" residential parking, it is planned to moderately increase the residential parking index. Basically achieve "one household, one person", and cancel the requirement to reduce the parking quota of residential buildings around the track.
Disputes over parking spaces are common
Of course, Shenzhen parking spaces cannot be bought and sold, but from a national perspective, parking space disputes are widespread.
Wang Yuchen, director of Beijing Jin v. Law Firm, said that in fact, whether it is a high-end community with an average price of more than 100,000 yuan, or a general low-end community, the problem of parking spaces is widespread, causing a lot of disputes.
There are "gifts" of public parking spaces to certain owners, "bundled sales", and "high-priced leases".
So how can developers define whether they can buy, sell, donate or rent?
Wang Yuchen pointed out that whether the benefit can be punished depends on the specific situation, and is generally divided into three categories:
(1) Parking spaces within the scope of the sales license that conform to the plan.
This type of parking space is the most standardized, and if the procedures are complete, you can directly apply for the title certificate.
The most typical sign is that when you buy, you can buy it together with the house, go through the online signing and filing, and the parking space payment should also be included in the supervision account.
The developer of this kind of parking space can dispose of it freely, it can be sold, it can also be donated, and it can be rented out.
(2) There are no parking spaces rebuilt by occupying lanes, greening or other public parts in the planning.
This is also very common. The developer uses the public part of the owner of the community to transform it. Generally, there is no title certificate, but from the perspective of relevant laws, the property rights should belong to the owners.
In this case, the developer has no right to dispose of, while the owners share the corresponding rights of disposal and benefit.
(3) Civil defense parking spaces.
There are also many such types. Property rights belong to the state, but they belong to “whoever invests will benefit”.
If the investment cost of civil air defense is not allocated to the owner's purchase price, then the right to use belongs to the developer, and the developer can use it to rent out for profit on a daily basis.
However, if it is apportioned to the owner's purchase price, the right to use belongs to the owner, and the developer can no longer lease it to the outside world, and the income from external operations should also belong to the owner.
Regarding the dispute over the Baoneng Mansion in the involved community, lawyer Guo Ren, a global partner of Beijing Yingke (Shanghai) Law Firm, believes that the owner of the residence has the co-ownership of the public area and can request the owner of the special residence to use it; the owner of the apartment can require the developer to fulfill the contract according to the contract. Promise that when a dispute occurs, if the area is determined to be owned by the developer, then the developer can freely dispose of it. If it is determined to belong to the residential public area, it is theoretically owned by the residential owners, and the developer has no right to gift the apartment owners.