"House" becomes "apartment"? The school district has become a "bad heart"!
Owners, developers, and management have their own opinions. Who is fooling you?
Our reporter Yang Wen and Jia Yunpeng
Recently, some netizens reported through the “National Photography” column on the client of Xinhua News Agency that the “residences” of 376 owners in District E, Houyuan Xinyuan, Lanshan District, Linyi City, Shandong Province, have been turned into “hotel-style apartments”, which prevented the owners’ children from studying in the area. Quality school within.
The reporter's investigation found that the owners, developers, and management departments had their own opinions on key information such as the inconsistency of the house purchase contract, the inconsistency of the house inquiry certificate, and the suspected false propaganda of the developer, which made this dispute that lasted for more than a year full of doubts. ,confusing.
Relevant departments indicated that they will conduct further in-depth investigations and verify and deal with each household.
The property purchase contract between the owner and the developer is inconsistent. Who is making the "yin and yang contract"?
In June 2019, Ms. Sun, the owner of Xinyuan District E, Houyuan, Lanshan District, Linyi, Shandong, submitted relevant materials as required when registering for her child’s primary school, but was rejected by the school. The reason was that the house was not a school district house, but 40 years old. Property apartment.
"When I bought it, I claimed to be a school district house with 70-year property rights. How did it suddenly become an apartment?" The news made some owners feel angry.
A few days ago, the reporter walked into Houyuan Xinyuan E District and saw that there was no difference in the appearance of the residential buildings. They were all blue and red eaves, row upon row.
According to the owner of the community, there are four buildings in Houyuan Xinyuan E District, No. 1, No. 2, No. 3, No. 5, of which No. 1 is a residential building, and the disputes are No. 2, No. 3 and No. 5. A total of 376 owners are involved.
The reporter looked at the house purchase contracts provided by the owners and developers and found that the same building, the same unit, the same number, and the same area, the other expressions in the house purchase contract are exactly the same, except for the "planned use" column of the commercial house.
The owner’s purchase contract says “residential”, while the developer’s contract says “apartment” in the planned use.
It is reported that the nature of land and houses depends on the construction project planning permit.
Wang Linsheng, Section Chief of the Natural Resources Confirmation and Registration Section of the Linyi Natural Resources and Planning Bureau, said: "In 2010, the project of Houyuan Xinyuan E District was planned to be used for wholesale and retail and urban residences. In layman's terms, there are commercial and residential properties. "
According to the "Construction Project Planning Permit" approved by the original Linyi City Planning Bureau on November 25, 2013, the reporter saw that Building 1 in E District of Houyuan Xinyuan is a residential building, and Buildings No. 2, 3, and 5 are Hotel-style apartment commercial building.
Wang Linsheng said that according to the Urban and Rural Planning Law and other regulations, it is not possible to change its planned use without government reasons.
Dong Pengfei, a staff member of the Real Estate Market Supervision Section of Linyi Housing and Urban-Rural Construction Bureau, told reporters that the contract for the Houyuan Xinyuan E District project can be inquired on the system of the housing construction department.
"Whether it is the developer or the owner, their contract is provided by the housing construction department."
The reporter saw on the system of the Linyi City Housing and Urban-rural Construction Bureau that the planned use of the house purchase contract for Building 2, 3, and 5 is an apartment.
The Linyi Housing and Urban-rural Construction Bureau stated that the purpose of the house cannot be changed in the system.
"After investigation and verification, from the time the commodity pre-sale permit was processed, these buildings were planned as apartments." Dong Pengfei said.
Some owners also provided more evidence that the house is a "residential".
For example, in the loan contract obtained by Ms. Sun and other owners through the bank, the name of the collateral is "residential"; the price of water and electricity is charged according to the residential; the original developer's contract shows signs of being re-bound.
Why is the purchase contract provided by the owner and the developer inconsistent?
Which contract is true?
The relevant person in charge of the Linyi Market Supervision Bureau stated that the contractual dispute between the developer and the owner in Houyuan Xinyuan E District is not easy to determine, and it is recommended to submit it to the Arbitration Commission for arbitration or to resolve it through legal channels.
The official query results are inconsistent, and 33 times are all staff "mistakes"?
Public information shows that the four buildings in the E District of Houyuan Xinyuan are pre-sold as a whole, and they are uniformly named Building 1.
The community obtained a commercial housing pre-sale permit on June 5, 2015. The pre-sale area is 80526.37 square meters and the number of pre-sale units is 927 units, of which the residential area is 59303.46 square meters and the number of residential units is 532.
"The pre-sale permit issued by the housing construction department can show that our house was originally pre-sold as a residence." Some owners said.
The Linyi City Housing and Urban-rural Construction Bureau stated that because the Houyuan Xinyuan E District project is a physical whole—that is, the podiums below the second floor of each building are connected together, so it can only issue surveying and mapping reports as a whole.
When applying for a pre-sale permit, each building is named Building No. 1.
Building 1 corresponds to Units 1 to 3 of Building 1, Building 2 corresponds to Units 4 and 5 of Building 1, Building 3 corresponds to Unit 6 of Building 1, and Building 5 corresponds to Unit 7 of Building 1.
However, what is strange is that in September 2016, when an owner went to the local real estate registration center to inquire about the housing certificate and real estate ownership registration information, it was shown that the planned use of the house was "residential"; in June 2019, the owner made the same inquiry During operation, the housing certificate showed as "apartment".
When consumers encounter conflicts and confusion, it is a common practice to check the nature of commercial housing at the local housing management department.
However, some owners of Houyuan Xinyuan District E made inconsistencies in the real estate registration center's inquiries, which is quite puzzling.
The relevant person in charge of the Linyi Natural Resources and Planning Bureau explained that from May 2016 to August 2019, a total of 361 query operations were carried out in Building 1, Houyuan Xinyuan E District, 33 of which were found It is a "residential", which is inconsistent with the planning nature of the system registration.
"Because the project is a complex project with complex planning functional partitions, staff are prone to confusion when viewing housing information on computer screens. In addition, housing enquiries have a large amount of business and the working environment is noisy. Requests come and do immediately. As a result, the inquiry certificate needs to be manually copied and pasted by the staff, and the wrong inquiry records were issued by 19 different staff at different times, and it was initially determined to be caused by the staff's operating errors." The person in charge said.
This statement obviously cannot satisfy the owners.
A local citizen told reporters that before June 2018, the children of owners who bought "apartments" in Houyuan Xinyuan District E could also go to school, but it will not work after 2019. "I heard that it is because of the tightening of educational resources. Children who are not allowed to live in apartments have gone to school."
Is the developer involved in false publicity?
The videos, recordings, and screenshots of WeChat chat records provided by many owners to reporters showed that the sales staff of Linyi Huiyuan Enterprise Headquarters declared, "Don't worry, all go through the residential procedures of Building No. 1, and the contracts are signed for 70 years."
After listening to the recording, the investigators of the Linyi City Market Supervision Bureau believed that due to the short broadcast time, these words alone could not be regarded as false propaganda for the time being.
At the same time, the investigators also retrieved the marketing materials of Unit 7 of Building 1, E District, Houyuan Xinyuan, such as marketing plan exhibition boards, construction plan publicity drawings, etc. The locations of apartments and residences are clearly marked. "No false propaganda has been found in the contents of the WeChat official account.
In an interview with reporters, Linyi Huiyuan Enterprise Headquarters stated that the owner provided the recording materials that claimed to be the original sales staff and could not distinguish the authenticity.
But the owners did not buy it. They believed that real estate developers were suspected of false propaganda and misleading consumers.
The developer’s promotional information provided by the owners read: "Houyuan Xinyuan Housing No. 1, No. 2, No. 3, No. 5... The project has been capped, and the children will go to school and grow up without worry."
According to the "Consumer Rights Protection Law", consumers have the right to know the true conditions of their purchases, use of goods or services.
The developer should truthfully tell whether the commercial house is a "residential" or "apartment" when selling, and there should be no concealment or misleading.
Meng Fanlin, an associate professor at the School of Law of Shandong University of Finance and Economics, said that if a developer claims to be a school district house when selling a commercial house, deliberately concealing the truth and failing to truthfully inform the planning nature of the commercial house, it constitutes fraud.
According to relevant laws and regulations, the owner can claim cancellation of the contract and demand compensation from the developer.
Some "apartment" owners said that when they bought a house, the price they bought was lower than the price of units 1, 2, and 3 in Building 1.
The reporter saw from the transaction price displayed by the housing construction department that the price of apartment buildings in adjacent locations was 600 to 1,000 yuan per square meter lower than the price of residential buildings on average.
Relevant departments will further investigate
The reporter learned that the Linyi Municipal Party Committee and Government attaches great importance to issues such as the transformation of “houses” from Houyuan Xinyuan’s “houses” to “apartments” and children’s inability to go to school, and instructs Linyi City’s Leading Group to intensively handle outstanding issues in the real estate sector to organize relevant departments to immediately carry out investigations and handling. Research solutions together.
On the 20th, relevant departments’ employers’ concerns were explained and responded to.
For example, some owners questioned that the area of the house they purchased was more than 180 square meters, which obviously exceeded the construction area of an ordinary apartment.
The Linyi City Leading Group for Concentrating on Dealing with Outstanding Issues in the Real Estate Field responded: The state has no clear requirements for apartment design standards.
The problem that the apartment type and area of the project are similar to that of residential buildings belongs to the normal development and construction operation of the development enterprise.
Regarding the schooling problems faced by the children of 376 apartment owners, the team stated that the property as a compulsory education division enrollment condition must be a residential property.
The enrollment plan clearly stipulates: "Industrial houses, commercial houses (including apartments) and other non-residential houses cannot be used as admission real estate."
It is understood that in the enrollment work of Houyuan Xinyuan District E, every year the Houyuan neighborhood committee informs the apartment owners to move their children's household registration to Houyuan Xinyuan, and enroll students based on their household registration.
In 2018, 2019, and 2020, 18, 29, and 20 school-age children were promoted to elementary schools (Linyi Beiyuan Road Suhe Primary School) and junior high schools (Linyi 12th Middle School) in the area respectively. Both schools are High-quality educational resources in Linyi City.
This entry path is based on the unified regulations of Lanshan District where Houyuan Xinyuan E District is located. The enrollment is divided into sections. Children of permanent population enroll with the points of one of their parents on the "residence permit + social security (or tax declaration)" points. The government coordinates the degree. Parents apply for school voluntarily, and relevant schools will enroll based on their points to ensure that all school-age students in the area should be admitted.
Relevant staff said that Lanshan District strictly regulates the enrollment work of schools in the compulsory education stage. As long as parents do not "choose a school" and go through relevant procedures in accordance with regulations, there will be no problems of "difficulty in school" and "no school".
Investigators also found that the contracts provided by some owners were inconsistent with the online signing and filing, and there were suspicions that the owners would sign separate contracts to obtain higher loans and low interest rates.
In response to such problems, further in-depth investigations of the proprietors are required, and verification and handling on a house-by-house basis.
Linyi City stated that it will organize relevant units and departments such as municipal letters and visits, housing construction, natural resources and planning, education, market supervision, etc., to explain clearly the laws and regulations involved in the project, citizens' appeals, and the process of handling letters and visits, and continue to carry out Investigate and deal with the situation.
The public security, market supervision and other departments will be organized to investigate and deal with issues involving contract fraud and "yin and yang contracts", and staff who make mistakes in the inquiry work will be dealt with based on the investigation results.
(Reporters Yang Wen, Jia Yunpeng)