Adding elevators in old buildings is difficult to solve the old problem of double "2 / 3 consent"
The old building is expected to be equipped with elevators! Recently, the Trial Measures for adding elevators to existing houses in Guangzhou (hereinafter referred to as the measures) were officially issued and will be implemented on July 1, bringing hope to many long-awaited residents. According to the measures, eligible old houses with 4 floors and above can apply for the installation of elevators according to law, and the installation of elevators can be carried out with the consent of the owners with a double 2 / 3 of the number and area. However, there are still no clear provisions on the compensation for low-rise residents who are prone to disputes when installing elevators, and the investment standard for high-rise and low-rise residents to install elevators. In this regard, Cheng Lei, a lawyer of Guangdong Bohou law firm, said that after the implementation of the measures, the problem of installing elevators in old buildings has been clearly guided, but some common contradictions in installing elevators are still difficult to solve.
Low level user compensation still lacks reference standards
The installation of elevators will benefit medium and high-rise residents and bring about the appreciation of buildings, but there are many difficulties in the actual installation process. Li Bo of a community on Tianshou road almost turned against the owners of the same building because of the installation of elevators. "This is an old-fashioned I-shaped building. Even on the top floor, there is a problem of poor light. If an elevator is installed, only a little light at home will be blocked." in addition, after the elevator is installed in the old building, high-rise residents will benefit. It is not only convenient, but also the property price will rise, but for some low-rise residents, there is no benefit, and it will affect the light.
In this regard, Liang Yanming said that the price distribution of different floors of stairs and elevator buildings is just the opposite. "The property price of the lower floor of the staircase building is higher, while the property price of the elevator building is higher. There is an example in the old urban area of Liwan. A staircase building with a building age of more than ten years has a total of 7 floors. The transaction price of the top floor is 11000 yuan / m2, while the transaction price of the middle floor is 12000 yuan / m2, which is quite different."
According to Cheng Lei, a lawyer of Guangdong Bohou law firm, a considerable part of the elevator installation disputes are due to the fact that low-rise residents do not agree to the installation of elevators. According to Article 3 of the measures, the intention and architectural design scheme of adding elevators to existing residential buildings shall fully listen to the opinions of the owners within the property management area where the proposed elevators are located, and shall be approved by the owners whose exclusive parts account for more than 2 / 3 of the total area of the building and more than 2 / 3 of the total number of people. However, if the added elevators are intended to occupy the exclusive parts of the owners, The consent of the owner of the proprietary part shall be obtained. However, in the actual operation process, even with the consent of more than "two 2 / 3" owners, low-rise users may obstruct elevator construction. A similar situation has occurred in the civil aviation living community of Baiyun District.
For the above problems, the measures stipulates that the owners who agree to add elevators shall reach a solution in the form of a written agreement, including "a fund-raising plan to negotiate with the owners who disagree to add elevators and compensate the owners whose interests are damaged". In this regard, Cheng Lei said that if there is no reference standard for the compensation of the owners whose interests are damaged by the installation of elevators, it is actually difficult to reach a consensus due to the lack of reference basis.
How can owners of different floors contribute fairly?
Where does the capital for installing elevators come from? According to the measures, there are five ways to raise funds, including: according to the factors such as the floor, the owners jointly contribute according to a certain sharing proportion, and the sharing proportion shall be determined by the owners through consultation; Those who belong to the housing reform house may apply for the use of the unit's housing maintenance fund; You can apply for the use of housing provident fund and special maintenance funds under the name of the house owner; The original property right unit or the original housing reform and sales unit (excluding the budget unit of financial allocation) contributes; Social investment and other legitimate sources of funds.
In fact, how to raise the funds needed to add elevators is also extremely easy to cause disputes. How to apportion the contribution proportion according to the floor factors, and how to use the housing maintenance fund, housing provident fund and special maintenance funds. Among them, high-level, middle-level and low-level owners have more disputes over the proportion of capital contribution from their own interests. Therefore, despite the introduction of the implementation measures, there are still no clear provisions on how to properly solve the neighborhood contradiction between high-rise and low-rise residents.
After the elevator is installed in the real estate, the appreciation is 3000 yuan / m2
Lift your right foot a little, breathe for half a minute, and then slowly lift your left foot... It takes nearly 20 minutes for an 80 year old woman to climb the stairs to the fifth floor. "If there were an elevator, it would be convenient. Now the old man can't move easily. He can't go downstairs several times a year. It's very poor," said a middle-aged woman beside the old lady. The defect that there is no elevator in the old building is becoming increasingly prominent.
According to the measures, with legal approval procedures or ownership certificates, multi owner non elevator houses with 4 floors and more that have been completed and put into use can apply for the installation of elevators. This also makes many people who need to install elevators see hope. Moreover, the installation of elevators will also bring the appreciation of buildings. According to Liang Yanming, market manager of Hefu real estate, there is a single building equipped with an elevator on Wende Road, with a market price of 21000-22000 yuan / m2. The price of other similar stairs nearby is 18000-19000 yuan / m2.
There are clear provisions on the handling of real estate registration for the new area after the installation of elevator
According to the measures, if it is necessary to conduct real estate surveying and mapping for the newly added building area due to the addition of elevators in the existing residence, the real estate surveying and mapping unit shall be entrusted. If the purchased public housing is funded by the original property right unit to add an elevator, it shall be entrusted by the original property right unit; If the owners of residential houses jointly contribute to the addition of elevators, they shall jointly entrust them. If the real estate surveying and mapping results are used for housing ownership registration, the housing property right registration authority shall review the surveying and mapping results according to relevant regulations, and the reviewed real estate surveying and mapping results shall be registered according to the following circumstances:
(1) For the purchased public housing, the original property right unit shall contribute to the addition of elevators. If the property right area of the added elevators needs to be shared by households, the real estate change registration shall be handled according to the area shared by households; For the housing reform houses that have not purchased the shared area, the payment for the purchase of the shared area shall be made at the time of listing and trading in accordance with the provisions on the listing of the purchased public housing;
(2) If the owners of residential houses jointly contribute to the addition of elevators, and the owners of residential houses jointly apply to apportion the construction area of the additional elevators to households according to the shared area, the housing property right registration authority shall handle the real estate property right registration according to the area divided by households;
(3) If the owners of residential houses jointly contribute to the addition of elevators, and the owners of residential houses fail to jointly apply for apportioning the construction area of additional elevators to households according to the shared area, the relevant owners of houses may apply to the housing registration authority for recording in the housing registration book in accordance with the relevant provisions of housing registration, and the shared area of each owner may not be adjusted.
The planning department can pass the hearing
Collect the owner's opinions
The installation of elevators shall meet the safety requirements of urban and rural planning, building structure and fire control. After the planning department issues the construction project planning license, the owner who disagrees with the addition of elevators believes that the issuance of the construction project planning license is illegal, applies for administrative reconsideration or brings an administrative lawsuit to the court to request the revocation of the construction project planning license, Thus, there are many disputes arising from administrative reconsideration or administrative litigation. In this regard, Cheng Lei suggested that in order to increase the transparency of the approval of construction project planning license, the planning department can hold a hearing to allow the owner to fully express his opinions and make an administrative license on the basis of listening to the owner's opinions.
In addition, Article 4 of the measures stipulates that "the addition of elevators in existing residential buildings shall meet the requirements of relevant specifications and standards such as urban planning, architectural design, structural safety and fire safety." the measures do not regulate how the addition of elevators can meet the requirements of architectural design, structural safety and fire protection. Cheng Lei suggested that relevant experts or administrative departments such as the Construction Committee or the fire department should be consulted.
For the old buildings with elevators, the general operation steps are as follows:
1. The owner agrees to add an elevator to meet the requirements of "two thirds";
2. Handle planning and construction procedures;
3. Start construction and install elevators;
4. Completion acceptance and property right registration.