2. Community services: community service centers (community homes), old-age service facilities, hospitals, community health and family planning service centers (stations), kindergartens, farmers' markets, convenience stores and postal facilities;

3. Education: secondary and primary schools;

4. Culture and sports: cultural activity center (station), comprehensive sports ground (gymnasium), comprehensive fitness center and residents' fitness facilities;

5. Municipal public facilities: public parking lots (parking spaces), motor vehicle washing stations, passenger stations, start-stop stations, fire stations, houses (spaces) for municipal facilities, public toilets, lounges for sanitation workers, garbage transfer stations, recycling stations for renewable resources, public green squares and supporting roads in residential areas.

Second, the ownership and identification path of supporting public buildings?

(a) supporting public buildings whose ownership is clearly stipulated by law

1. Ownership of supporting public buildings such as commercial service houses, office buildings, garages and parking spaces that have been approved for sale. , belonging to the buyer.

2. Relevant laws and regulations have made it clear that public buildings and supporting facilities shared by all owners include:

1) According to Article 274 of the Civil Code: "The roads within the building area are owned by the owners, except those belonging to towns. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division belong to the owners. "

According to this regulation, public places, public facilities and property services within the building division belong to all owners.

2) The following ancillary facilities and equipment and * * * used parts in the property management area are owned by all owners: the office building of the owners' committee, the guard room and other property management buildings.

3) Ownership of public security joint defense, community center and other related government buildings and supporting facilities such as primary and secondary schools undertaking compulsory education.

According to Article 13 of the Regulations on Property Management in Shandong Province: "The construction area of administrative buildings such as urban management and law enforcement and public security management in residential quarters shall not be less than 50 square meters; Housing for community residents' committees in residential areas shall be built in accordance with the planning requirements. The government administrative buildings, community neighborhood committees and primary and secondary schools undertaking compulsory education in residential areas are owned by the government, and the construction investment is borne by the government. The specific sources of investment are clearly defined in the opinions on project construction conditions. "

It can be seen that government-managed houses such as urban management, law enforcement and public security management and supporting facilities planned by primary and secondary schools undertaking compulsory education should be invested and built by relevant government departments. In the process of land bidding, auction and hanging or in the opinions on construction conditions, it is agreed that the developer will build it on its behalf, and the supporting facilities shall be invested and built by the developer and handed over to the relevant government departments free of charge. Otherwise, the developer can negotiate with the relevant government departments, and the relevant government departments will pay for the transfer or use, but they are not allowed to change the planned use of supporting buildings without authorization, otherwise they will face administrative penalties.

(two) according to the "commercial housing sales contract", determine the ownership of supporting public buildings.

If the ownership is not clearly stipulated in a separate law, it is necessary to check whether the ownership of specific supporting facilities is stipulated in the commercial housing sales contract signed by the developer and the owner. If it is agreed to be owned by the owner, the developer does not enjoy the ownership of the corresponding supporting facilities; According to the commercial housing sales contract, the ownership is agreed: within the building division, the ownership of the parking spaces and garages planned for parking cars shall be agreed by the parties through sale, bonus or lease. (Article 275 of the Civil Code).

Article 14 of the Regulations on Property Management in Shandong Province stipulates: "The ownership of clubs and kindergartens built in residential areas according to the planning requirements shall be agreed in the commercial housing sales contract. If it is agreed to be owned by the construction unit, the construction unit shall provide proof that the property right belongs to it, and give priority to providing services to the owners. "

Therefore, in the commercial housing sales contract, the developer should clearly stipulate the ownership of the clubhouse and kindergarten, and pay attention to obtaining or retaining relevant certificates (such as the property rights register or the relevant legal documents that the construction costs of the above-mentioned kindergartens and clubhouses are not allocated to other housing costs sold outside the planning area or the documents that pay relevant taxes).

(3) The ownership and disposal analysis of the currently controversial supporting public buildings.

At present, there are great disputes in judicial practice about the ownership and disposal of supporting facilities such as commercial and cultural activity stations, savings offices and health centers in the planning area. At present, laws and regulations have not clearly defined the ownership of the above supporting buildings.