Supporting facilities in residential area Public buildings (hereinafter referred to as "supporting public buildings"), refers to various public buildings built by developers in accordance with the relevant national and local regulations within the residential area land and supporting commercial housing, generally including eight types of public buildings for education, health care, culture and sports, commercial services, finance, post and telecommunications, community services, municipal public use, administrative management and others, However, the specific construction projects of each residential area will be different due to the different conditions of residential areas.
The construction of supporting public buildings has provided various conveniences for the owners to live in, enhanced the attraction of the property, and is a focus of attention of the owners and developers. With the construction of supporting public buildings, the ownership of their property rights also arises. Because this issue concerns the major interests of both developers and all owners, and the current relevant regulations are very scattered and vague, leading to difficulties in the application of the law, developers and owners often hold their own words, resulting in disputes.
Judgment method for property ownership of supporting public buildings
（1） Based on social and public interests, if the state and local regulations require developers to build supporting facilities and clarify their ownership, the relevant national and local regulations shall prevail. For supporting primary and secondary schools, their property rights shall be owned by the government according to relevant national and local regulations; The property rights of supporting property management office buildings and community neighborhood committee buildings shall belong to all owners according to relevant regulations of Wuhan City; The property right of the supporting air defense basement is not clear because the state has not made clear provisions on its ownership, but the supporting air defense basement is usually used and managed by investors, and the income belongs to investors.
（2） If there are specific provisions in the contract for the assignment of the state-owned land use right and the contract for the sale and purchase of commercial housing, the provisions shall prevail. The transfer contract of state-owned land use right is legally binding on both developers and owners. If the assignment contract stipulates that the transferee should build some supporting public buildings and clarify their ownership, or the commercial housing sales contract stipulates the ownership of some supporting public buildings, the agreement shall prevail. If the commercial housing sales contract stipulates that some supporting public buildings are included in the public building area sharing scope, their property rights belong to all owners.
（3） In addition to the above circumstances, if the property belongs to the subordination of commercial housing, its property rights will be transferred to all owners along with the property rights of commercial housing. In principle, the property right belongs to the developer
For supporting public buildings whose property rights belong to developers, developers can sell and lease them, except that the state and local governments prohibit developers from selling and leasing them. However, no matter who owns the property right of supporting public buildings, according to Article 50 of the Property Management Regulations, no one is allowed to change the purpose of supporting public buildings without authorization. Developers can also freely dispose of their rights and transfer the supporting public buildings whose property rights belong to them to all owners free of charge.
