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Question 2: Who actually owns the human defense project in the district? Trouble to tell me in the process of urban commercial housing development, in the interest of national defense and national security, the developer is required to build a certain amount of underground air defense fortifications. For the rights of these air defense works belongs to the "Property Law" has been controversial before and after the implementation of the judicial practice, due to human defense works triggered by the lawsuit is not a few. For example, some owners sued the developer for invalidating the agreement in the Contract for the Sale and Purchase (Pre-sale) of Commercial Properties, which stipulated that the human defense works belonged to the developer. There are owners because the developer uses the human defense engineering as underground garage for rent, requesting the confirmation of the underground garage for the owners **** have, the developer to return the proceeds.
For the right to live in a small area of the human defense project belongs to, there is a view that the residential area of the human defense project by the social forces to invest in the construction, but which the state not only reduces the land premiums, tax exemptions, but also to give a variety of preferential treatment, so the state also has an indirect investment. Moreover, the human defense project is an important national war preparation facilities, with special attributes. Therefore, the ownership of human defense projects in residential areas belongs to the state, the right to use and management of the people's air defense authorities. There is also the view that the residential district of human defense project is generally not directly invested by the state, is not directly used for national defense purposes, and therefore does not belong to the property law of national defense assets category. For the judgment of the attribution of human defense works in residential areas, it is appropriate to consider from the perspective of funding. State investment in the construction of human defense works property rights belong to the state; for construction units invested in the construction of human defense works, should be recognized as all construction units; construction units in the sale of housing, the area of human defense works included in the common area, the human defense works should be recognized by the owners of the building area owners **** have.
From the "Property Law" before the provisions, there have been relevant provisions clearly stipulate that human defense works belong to the state. For example, in 1985, the State Human Defense Commission, the Ministry of Finance, "on the use of the temporary provisions of the charges of human defense works on a regular basis," that is, the provisions of the human defense works and their equipment and facilities is the property of the state. *** The Decision on Strengthening the Work of People's Air Defense of the Central Government, the State Council and the Central Military Commission also clearly stipulates that people's air defense projects (including supporting facilities and ancillary projects) are national defense projects and social public welfare construction projects, and enjoy preferential policies in accordance with relevant state regulations. From the provisions of the People's Air Defense Law, the principle that can be determined at present is that the people's air defense projects are normally used and managed by the investors, and the proceeds are owned by the investors. As the basic law of property rights, the Property Law does not provide for this. Judicial Interpretation of Building Ownership is also not involved. Therefore, the ownership of human defense works, still need to be clear through legislation. In judicial practice, to solve all kinds of disputes can only be the basis for: the use of human defense works by investors to manage, enjoy the benefits.
In addition, it should be noted that, for the change of use of human defense works, can not be changed according to the use to determine ownership. For example, the use of human defense works as an underground garage, can not be based on the provisions of Article 74 of the Property Law, in accordance with the provisions of the building zoning, planning for the parking of cars, garage belonging to the parties through the sale, gift or lease, etc.; occupying the owner **** have the road or other site for parking cars, belonging to the owner **** have the rules to determine ownership.
Question 3: What is the meaning of the property's human defense works? Respectively refers to what places or facilities and equipment in the neighborhood? Ltd. was established in December 2014, mainly engaged in the manufacture and installation of human defense products and other businesses, the main products are reinforced concrete protective equipment, steel structure manual protective equipment, valves, electronically controlled doors, anti-electromagnetic pulse doors. Construction of 1 production plant, 2 office buildings, 2 staff dormitories, a total construction area of 8,000 square meters, the production workshop is fully configured, the value of production equipment up to 10 million yuan RMB. Strong technical strength, the existing 1 senior engineer, 7 engineers, 3 technicians, a variety of operators 37 people, the license rate of 98%, in strict accordance with the ISO9001 quality management system to establish and improve the management of the rules and regulations, the operation of standardized.
Issue 4: residential area planning requirements for human defense 5 points residential area requirements for human defense construction:
1, the new 10-story (including) or more or the foundation depth of 3 meters (including) or more civil buildings, according to the first floor of the ground floor construction area to build more than 6 levels (including) air defense basement;
2, the new 9-story (including) the following, the construction area of 25,000 square meters 2, the new 9-story (including) or less, building area of 25,000 square meters or more residential housing according to the ground floor area of 4% to build more than 6 (including) air defense basement;
3, the new 9-story (including) or less, in addition to residential housing other than civil buildings according to the ground floor area of 3% to build more than 6 (including) air defense basement.
Construction of human defense, people's air defense works for the necessary ancillary works of construction projects collectively. Most of the underground garage as the main form of embodiment, the internal set of human defense doors, blocking doors, lighting, ventilation, water supply and drainage, communication networks and other wartime bunker hardware required.
Question 5: What is the property human defense, physical defense, technical defense? As we all know, the human defense project is a special underground building with protection requirements, and its common classification are as follows:
Divided according to the resistance level, the project can be directly called a level of human defense works;
Divided by wartime use, can be divided into command and communication, personnel shelter, hospitals, ambulance stations, warehouses, garages and so on;
According to the usual use can be divided into shopping malls, Amusement parks, hotels, theaters (halls) and so on;
From the engineering construction method, divided into two categories of excavation works and pits and tunnels.
In order to reasonably reflect the cost of the project, the budget quota and the project budget is usually categorized by the way the project is constructed.
First, excavation type civil defense project
Excavation type civil defense project, refers to the use of the first excavation project pit earth to the design elevation, and then poured the project, and then back to the soil backfill method of construction of the civil defense project. For the use of excavation constructed in the usual wartime use of underground passages that is, tunnels, should also be included in the scope of excavation works; for the pit tunnels engineering incision to a long time to use the construction of the excavation part of the construction, from the perspective of the implementation of the pricing quota, in addition to the incision of the earth and stone, should also be included in the implementation of the corresponding quota of the scope of the excavation works.
Excavation type civil defense project, according to the project on the ground whether there is a ground building, and is divided into a single construction type civil defense project and attached construction type civil defense project. Single building and attached to the construction of human defense works in the construction method there is no difference, only in the engineering design to determine the load factors to be considered differently.
Annexed human defense works and ground building boundaries of the division, generally to the top surface of the top plate of the human defense project for the boundary, the top surface of the top plate above the part should be included in the ground building calculations.
Due to restrictions on the construction period or due to other requirements, the use of inverse method of construction works, that is, the first excavation of the top part of the project earth, drilling and filling columns, and then poured the top plate, soil restoration of the ground traffic, and then in the top plate under the cover of the dark excavation, pouring the base plate, walls, etc. to complete the project structure, according to the inverse method of construction of the construction of the human defense project from the construction method, between the digging and pitting tunnel project, but the structural type of force. From the structural type of force and completely different from the pit tunnel project, only a slightly different way of constructing the excavation project.
Second, the pit tunnel civil defense project
The pit tunnel civil defense project from the construction method, refers to the use of concealed excavation (digging and blasting) construction of civil defense projects. Structurally speaking, the pit tunnel project is the use of engineering upper cover layer and engineering support (being complex) structure **** with the composition of the bearing structure of the project.
The pit road project is divided into pit road project and tunnel project according to the different types of construction mouth.
The pit project refers to the use of higher than the ground of the mountains, hills, terraces from the natural ground or natural ground above the part of the incision, digging horizontal inclination 5o) is divided into vertical shaft project and inclined shaft project.
According to the geological conditions of the pit tunnel project construction area, and is divided into earth works and stone works.
Question 6: Is it a must for the community defense project? Depends on the situation, such as due to special circumstances can not be built, you need to pay off-site construction costs, eligible for construction must be built.
Question 7: Every district has a human defense project? No, it is a certain scale of underground parking in the district has a human defense project.
Question 8: Who actually belongs to the district defense project? Our district's human defense basement rented to wholesale shampoo shower gel shampoo people do warehouse, so we are afraid of fire and explosion how to do
Question 9: How to reply to the question of the residential district of the human defense project Hello, the human defense project is mainly for the wartime considerations, mainly for the wartime can be over to ensure that the lives of personnel safety, as well as wartime reserves of materials. The state requires the construction of a certain area of human defense projects in the construction of the district.
Question ten: human defense project counts as part of the community public ****? If the basis for counting where? The basis is the local mapping rules, human defense XX management methods and so on. Human defense works are not set up separately, such as the underground garage of your neighborhood is estimated to be the same time is also a human defense project.
Don't get entangled!