The owner, who lives in Building 28, Swan Bay Community, Chaoyang District, is very anxious because he hasn't got the room book since he moved in for five years. "When the children go to school, the sale of the house will be affected." . A person in charge of the developer said that the reason why the house was delayed was that "the planning acceptance was not completed". Chaoyang District Planning Commission said: "The residential area did not meet the planning acceptance conditions, so it failed to pass the audit. Later, the community did not apply for a record of planning acceptance. "
Stay for five years without a room.
An owner who asked not to be named told reporters that in 2009, he bought a commercial house in Swan Bay Community, and moved in at 20 1 1. The construction around the community has gradually improved, but the house has been delayed. "During the same period, the owners of other buildings that closed the house got the house, but ours just couldn't get down. In the meantime, many developers were found, and they all shirked it for various reasons. Because there is no room, now the owner's house in our building can't be traded, and the children can't divide the area when they go to school. "
He told reporters that according to the agreement in the house purchase contract, the developer should complete the initial registration within 540 days and the transfer of property rights within 720 days, but all the owners of Building No.28 paid all the house deed tax, stamp duty of public maintenance fund and agency fee at the beginning of 201,and failed to get the house book as scheduled after they got the house keys one after another and moved in. 20 14 sued the developer Beijing Bocheng Real Estate Co., Ltd. for the delay in obtaining the house book, and asked it to handle the property right transfer registration for the house. In the civil judgment issued by the Chaoyang District Court, the reporter saw that the building where the house was located did not obtain the initial registration of house property rights, so it did not have the conditions for transfer registration. "According to the provisions of Article 1 10 of the Contract Law, it should be a situation that cannot be performed according to law", so the court did not support its request.
Hand over the house before acceptance.
The Beijing Morning Post reporter contacted Beijing Bocheng Real Estate Co., Ltd., and Manager He, who is in charge of the sales of Swan Bay Community, said that the owner did not hand over the house because the planning acceptance was unqualified. "If the planning acceptance is unqualified, we will not be able to carry out the initial registration. If the initial registration is not completed, the house will be even more impossible. As for why it didn't pass, I'm not sure. We are negotiating at a recent meeting and are also stepping up contact with relevant departments. "
Subsequently, the reporter confirmed Manager He's statement from the Chaoyang District Planning Committee that Building No.28 in Swan Bay has not yet obtained the planning acceptance procedures, because "there are still residents in the project construction camp who have not been demolished, and the planned underground garage, kindergarten, comprehensive activity center and other public facilities have not been built, and the planned roads and green spaces have not been realized. According to "Several Provisions on Planning and Supervision of Construction Projects in Beijing", the supporting facilities and environmental construction of residential areas should be completed simultaneously with residential construction, and the corresponding residential buildings should not be planned and accepted. Therefore, the No.28 building finally declared by the community does not have the planning acceptance conditions. " In addition, the staff of Chaoyang District Planning Commission told reporters after inspection that after the first planning acceptance was unqualified, the developers did not apply for acceptance in recent years.
The owner will resort to the law again.
Why did the developer hand over the house to the owner when the acceptance plan was not completed? In this regard, Manager He said, "In theory, the house can only be handed over after the acceptance, but I didn't personally handle the building at that time, so I don't know why I handed over the house."
At present, the underground parking space in Building 28 has not been built. The owner, who asked not to be named, told reporters that "the kindergarten promised by the developer has not been built yet, and now the whole building is still using temporary electricity". In view of this situation, many owners are prepared to continue to discuss with developers through legal channels.
(The above answers were published on 20 16-03- 15. Please refer to the actual situation for the current purchase policy. )
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