If the residential housing is classified as "other public places", it must belong to the owners.
According to national regulations, 0.2-0.3% of the property service rooms will be allocated. Community management service rooms include office rooms for community party branches and neighborhood committees, as well as community police rooms, reading rooms, recreation rooms, gyms, health service institutions and other places.
1. If the construction scale of the project reaches 20,000 to 30,000 square meters, the development and construction unit shall reserve it according to the proportion of 2.5‰ of the total residential construction area.
2. The building scale is 3 1 10,000 to 50,000 square meters, and the development and construction unit will reserve it according to the proportion of 2‰ of the total residential construction area.
3. If the construction scale of the project reaches 5 1 to 1 10,000 square meters, the development and construction unit shall reserve it according to the proportion of total residential construction area 1.8‰.
4. If the construction scale of the project is more than 6,543,800 square meters, the development and construction unit shall reserve it according to the proportion of the total residential construction area of 654.38+ 0.5 ‰.
The Property Law only stipulates in principle that the construction unit must provide property management houses, and the property rights belong to the majority of owners, without specifying the area. Property law is a national law, which stipulates the standard code of conduct for property management. It can't be specific. Through this law, specific and operable government regulations or local regulations can be produced. The level of economic development in different parts of China is different, so the specific area of property management houses is determined by the construction departments and real estate management departments of the people's governments of provinces and municipalities directly under the Central Government.
Extended data:
Relevant policies of community public housing:
(1) In the future, the development and reform department will incorporate the construction of community public housing into the economic and social development plan, and carry out construction and management according to the capital construction procedures. Community public housing should be regarded as a necessary supporting project and included in the filing, examination and approval of new or renovated residential projects.
(2) The community has the right to safeguard the legitimate rights and interests of community public houses, and no department or unit may rent, sell or confiscate them without authorization. If it is really necessary to change the use because of work needs, the street office shall report it to the local civil affairs department for approval. The civil affairs departments and sub-district offices of the autonomous region are responsible for supervising the use of community public houses, and have the right to order them to stop the damage when it is found.
References:
Legal basis: Civil Code of People's Republic of China (PRC).
Article 233 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.
Article 234 Where there is a dispute over the ownership and content of the real right, the interested party may request confirmation of the right.
Article 235 Where the creditor has no right to possess the immovable property or chattel, the creditor may request the return of the original property.
Article 236 Where the real right is damaged or may be damaged, the obligee may request that the obstruction or danger be removed.
Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. 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 are owned by the owner.
Article 278 The following matters shall be decided by the owner:
(a) to formulate and amend the rules of procedure of the owners' congress;
(2) Formulating and amending management regulations;
(three) to elect the owners' committee or replace the members of the owners' committee;
(four) the selection and dismissal of property services companies or other management personnel;
(five) the use of funds for the maintenance of buildings and their ancillary facilities;
(six) to raise funds for the maintenance of buildings and their ancillary facilities;
(seven) renovation of buildings and their ancillary facilities;
(eight) change the use of * * * or use * * to engage in business activities;
(nine) other major matters related to the management rights of * * * and * * *.
The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.