Public buildings And common facilities refer to the common water supply and drainage pipes, downpipes, water tanks, booster pumps, elevators, antennas, power supply lines, lighting, boilers, heating lines, gas lines, fire fighting facilities, green space, roads, street lamps, ditches, pools, wells, non operating garages Public welfare sports facilities and houses for common facilities and equipment. Public buildings and common facilities are closely related to the life of owners in the whole property management area. Therefore, management should be strengthened to give full play to their effectiveness so that they can better serve all residents in the whole property management area.
The public buildings and common facilities built according to the plan in the property management area are necessary to meet the normal production and living needs of the owners. Therefore, no matter the owners' assembly, owners' committee, owners or property management enterprises, they shall not change the use of public buildings and common facilities built according to the plan in the property management area without authorization. However, due to unreasonable original planning and design or actual needs, there are objective circumstances that need to change the use of public buildings and common facilities. In order to ensure the orderly progress of urban planning and prevent the infringement of public interests, if it is really necessary to change the use of public buildings and common facilities, the parties concerned must follow legal procedures and apply to the planning department for approval before implementation. Since changing the use of public buildings and common facilities may affect the normal management of the property management enterprise, the Regulations require that owners who really need to change the use of public buildings and common facilities should inform the property management enterprise after going through the relevant procedures with the planning department according to law, so that the property management enterprise can adjust the management plan in a timely manner. If the change of use involves the contractual rights and interests of the property management enterprise, both parties shall also make corresponding adjustments to the relevant rights and interests. Since the public buildings and common facilities of the property belong to all owners in the property management area, the property management enterprise has no right to decide to change the use of public buildings and common facilities. If it is really necessary to change the use of public buildings and common facilities, the property management enterprise shall submit to the owners' congress for discussion and approval, and the owners' committee shall handle the relevant administrative approval procedures according to law. With regard to the specific procedures that should be handled for changing the use of public buildings and common facilities, other laws and regulations have been formulated accordingly, so the Regulations only emphasize that owners should handle relevant procedures according to law. For example, according to the Regulations on Public Cultural and Sports Facilities, if it is really necessary to change the use of public cultural and sports facilities, the relevant local people's government should organize experts to demonstrate before making a decision, and obtain the consent of the cultural administrative department and the sports administrative department of the people's government at the next higher level, and report to the people's government at the next higher level for approval. If large-scale public cultural and sports facilities are involved, the people's government at the next higher level shall hold a hearing and listen to the public's opinions before approval.
Administrative punishment: Article 50 of the Property Management Regulations stipulates that: "The public buildings and common facilities built according to the plan in the property management area shall not be used for any other purpose. If the owners really need to change the use of public buildings and common facilities according to law, they shall notify the property service enterprises after going through the relevant procedures according to law; if the property service enterprises really need to change the use of public buildings and common facilities, they shall submit to the owners' assembly for discussion and approval, and then the owners shall Go through relevant procedures according to law. " According to this article: 1. In principle, the use of public buildings and common facilities in the property management area shall not be changed. The purpose of public buildings and common facilities and equipment has been determined by the construction unit when planning. For example, green space, property management room, fitness facilities in residential areas, etc. all have their specific purposes, and these buildings and facilities are often necessary for owners to fully use the property. If their purpose is changed, most owners' interests may be damaged, Therefore, in principle, its use cannot be changed. Otherwise, it will not only fail to play its due role in the planning and design, but also may bring various inconveniences to the majority of owners, and even cause safety accidents. For example, corridor and corridor are used for normal traffic. If they are used for stacking sundries, they will not only hinder traffic, but also may cause fire. According to Articles 65 and 66 of the Property Management Regulations, if a property service enterprise changes the use of the property management house without the consent of the owners' assembly, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than 10000 yuan but not more than 100000 yuan; If there is any income, the income shall be used for the repair and maintenance of the common parts of the property, common facilities and equipment in the property management area, and the rest shall be used according to the decisions of the owners' meeting. If the owner or property service enterprise changes the use of public buildings and common facilities built according to the plan in the property management area without authorization, the real estate administrative department of the local people's government at or above the county level shall order it to correct within a time limit, give a warning, impose a fine of more than 1000 yuan but less than 10000 yuan on individuals, and impose a fine of more than 50000 yuan but less than 200000 yuan on units; The income shall be used for the repair and maintenance of common parts of the property, common facilities and equipment in the property management area, and the rest shall be used according to the decisions of the owners' meeting.
2. If the owners really need to change the use of public buildings and common facilities according to law, they shall notify the property service enterprise after going through the relevant procedures according to law. In principle, the use of public buildings and common facilities cannot be changed, but it is not certain. If the owner has to change the use of public buildings and common facilities for public interests or for his own basic needs, he can apply to the original planning and design unit or the planning unit with the corresponding qualification level and the local real estate administrative department for approval, inform the property service enterprise, and then change. 3. If the realty service enterprise really needs to change the use of public buildings and common facilities, it shall submit to the owners' assembly for discussion and decision, and then the owners shall go through the relevant procedures according to law. Property service enterprises can also change the use of public buildings and common facilities for public interests or community development needs, but it must be approved by the owners' assembly. According to Article 27 of the Property Management Regulations, the owners legally enjoy the ownership or use right of common parts of the property, common facilities and equipment, while according to Article 71 of the General Principles of the Civil Law, the owners legally have the right to own, use, benefit from and dispose of their property. Therefore, only all owners can decide to dispose of public buildings and common facilities. The owners' exercise of the rights of the public sector is carried out through the owners' meeting. According to Article 11 and Paragraph 2 of Article 12 of the Property Management Regulations, the decision on this matter should be approved by the owners whose exclusive parts account for more than half of the total area of the building and who account for more than half of the total number of owners. After being discussed and approved by the owners' meeting, the owners must also file with the real estate administrative department above the county level before changing the use.
