Supporting facilities in residential areas such as schools and medical health stations shall be planned, designed, constructed and delivered simultaneously with residential construction projects. On the 25th, the reporter learned from the urban construction department of Nanning that the Regulations on the Construction and Management of Supporting Facilities in Residential Areas in Nanning (Draft for Comment) (hereinafter referred to as "Draft for Comment") is being publicly solicited for public opinions.
In view of the unclear facilities that should be built in residential development projects, the draft for comments stipulates that the municipal and county real estate development departments should, on the basis of soliciting opinions from the departments of development and reform, land, planning, construction, education and health, formulate opinions on the development conditions of residential development projects, clarify the supporting construction contents of residential development projects, and take the supporting construction contents as one of the basis for the transfer or allocation of land use rights of residential development projects.
Detailed comments
1 The supporting facilities should be synchronized with the residence.
Exposure draft: Supporting facilities in residential areas should be planned, designed, constructed and delivered simultaneously with residential construction projects. Supporting educational facilities in residential areas should be started before the whole project starts to reach 50%, and completed and accepted before the project is completed to 80%; Before 80% of the total project construction is completed, priority should be given to the construction of other supporting facilities.
Note: In view of the problem that some developers put supporting facilities that should have been built in the later stage of residential development projects, residents can't use supporting facilities for a long time after moving in. The exposure draft clearly stipulates the construction sequence of supporting facilities and makes specific quantitative requirements for the opening and completion plans of important supporting facilities such as education.
For projects with a total construction area of more than 300,000 square meters in residential areas, which are built by stages, if property management houses and community service houses are not allocated in the current period, temporary property management houses and community service houses shall be allocated according to the construction area developed in the current period, but the property management houses shall be allocated before 80% of the total project construction is completed.
2. Add the delivery commitment letter in the annex to the house sales contract.
"Draft for Comment": Before handling the project construction permit, the residential development and construction unit shall submit a letter of commitment for supporting facilities construction to the municipal and county real estate development departments according to the opinions on the development conditions of residential projects. Establish a dynamic supervision system for the construction of supporting facilities in residential areas.
Note: The developer's letter of commitment will be included in the annex of the sales contract. The "Draft for Comment" stipulates that the letter of commitment shall specify the contents of supporting facilities construction, the commencement and completion period, the number and duration of delivery by stages, etc. The letter of commitment shall be publicized at the commercial housing sales site. The content of the commitment should be regarded as one of the annexes to the house sales contract.
The exposure draft makes requirements in all aspects of supporting facilities construction. If the first phase of the phased construction project fails to start the construction of relevant supporting facilities simultaneously, the construction permit for the remaining phase of the project will be suspended; In the pre-sale stage of the project, if the supporting facilities are not started on schedule, the pre-sale permit for the remaining commercial housing of the project will be suspended; If the construction of supporting facilities is not completed on schedule and passed the acceptance at the completion and acceptance stage of the project, the project delivery and use filing procedures will not be handled.
The supporting facilities shall be handed over within three months after the project delivery.
Draft for Comment: The development and construction unit shall hand over the relevant supporting facilities to the use management department within 3 months after the project is delivered for the record, and bear the warranty responsibility after the handover according to law.
Note: The existing laws, regulations and other normative documents in Nanning do not clearly stipulate the ownership and handover of supporting facilities in residential quarters, which leads to a series of problems: for example, after the supporting facilities are completed, the relevant professional management departments are unwilling to accept them. In order to clarify the ownership and responsibilities of supporting facilities, the draft for comments has made corresponding provisions on the transfer, takeover and use of supporting facilities owned by the owner or the government.
Supporting property management rooms, cultural activity rooms in residential areas, public toilets, facilities and equipment rooms used by owners and other public buildings belong to all owners according to law. Development and construction units applying for initial registration of house ownership shall be recorded in the house registration book by the registration institution, and no house ownership certificate shall be issued.
Public buildings such as education, health care, community service and administrative buildings in residential areas are owned by the state according to law, managed and used by relevant departments authorized by the government, and apply for housing registration.
During the use of supporting facilities, the development and construction unit shall not transfer, lease, mortgage or use for other purposes the supporting facilities legally owned by all owners or the government. Supporting facilities in residential areas shall be used in accordance with the planned and designed purposes, and no unit or individual may use them for other purposes.
Developers who fail to fulfill their promises will be punished.
"Draft for Comment": If the development and construction unit fails to fulfill the obligations of supporting facilities construction in accordance with the development conditions and supporting facilities construction commitments, the municipal and county real estate development authorities shall order it to make corrections and impose a fine of more than 2% and less than 4% of the total contract price of residential projects; If the land for supporting facilities has been occupied and it is impossible to implement the construction, the development and construction unit shall pay the expenses required for the construction in different places, the relevant government departments shall organize the construction in accordance with the regional planning, and the planning department shall punish the construction unit in accordance with the relevant provisions.
Note: In order to effectively curb the developer's behavior of not building or not building supporting facilities on time, quality and quantity, the exposure draft has set corresponding punishment measures for such behavior. At the same time, the exposure draft also increases the responsibility of industry management, such as recording the illegal behavior of the construction unit as bad behavior in the enterprise credit file and publishing it to the public; If the circumstances are serious, the relevant departments shall lower their qualification level or revoke their qualification certificates according to law, and prohibit them from participating in land "bidding, auction and hanging" activities.
Noun interpretation
The supporting facilities in residential areas referred to in the exposure draft include supporting infrastructure and supporting public buildings. Supporting infrastructure refers to water supply, power supply, gas supply, drainage, telecommunications, cable television and other pipelines and facilities, lighting systems, security monitoring systems, fire control facilities, etc. In a residential area. Supporting public buildings refer to buildings such as education, health care, culture and sports, community service, administration, property management, commercial services and supporting infrastructure in residential areas. (Reporter Han Pei)