China Net Finance and Economics, December 3 (reporter Li Yu trainee reporter Zhang Zengyan) Recently, a number of owners of Tianjin Jingwei City Oasis Phase II (also known as "Huating of Xuefu") complained to China Net Finance that the project was overdue for one year and had not been delivered.
It is reported that the project is located at the intersection of Yonghe Road on the east side of Xinkai Road and Yonghe Road in Wuqing District, Tianjin, and the main undelivered buildings are 12# and 19#, involving more than 400 owners. Although the main project of the building was completed a year ago, the follow-up supporting works have not progressed, so the delivery date has been postponed from October 31, 2020 to September 30 this year, and now it is postponed to May 30, 2022. What is the real reason for the delay in handing over the house at Huating? When will owners be able to move into their "homes"?
Regulatory funds were misappropriated in violation of regulations
According to the information, the developer of the Huating project of Xuefu is Jingwei City Oasis (Tianjin) Land Co., Ltd. (hereinafter referred to as "Jingwei City Oasis Tianjin"), which is a wholly-owned subsidiary of Jingwei Land Co., Ltd. (hereinafter referred to as "Jingwei Land"). The land acquisition time of huating project of Xuefu Huating was in 2012, close to the Beijing-Tianjin Intercity Wuqing Station, with an overall area of 260,000 square meters and a construction area of 445,000 square meters, which is divided into two groups in the east and west. Due to the large volume, the project was pushed in August 2020, and there are still listings for sale.
Huating was originally scheduled to deliver the house in October 2020, but the relevant owners did not wait for the house, but waited for a notice of delay in delivery. In November 2020, the owners received a document entitled "Plans and Safeguards for Buildings 12# and 19# of the Huating Project of the University" (hereinafter referred to as the "Document"). The document states that due to the impact of atmospheric environment control, haze policy suspension, epidemic situation and other impacts, the progress of the Huating project of the university has lagged behind, and the "Permit for the Delivery and Use of New Residential Commercial Housing" issued by the government department will be obtained on September 30, 2021.
Jingwei City Oasis Tianjin plans and safeguard measures for buildings 12# and 19# of huating projects
"From a legal point of view, the impact of force majeure on delivery does not constitute a delay in delivery. However, to prove that the epidemic has indeed had a negative impact on the delay in delivery, this is not easy to prove in actual cases. If the extension is longer, the owner can claim compensation accordingly according to the purchase contract," said a lawyer working on property disputes.
Since the postponement of the delivery of the house in Huating, many owners have questioned that the root cause is that the regulatory funds have been misappropriated in violation of the law. "However, at the beginning of the rights protection, the developer, the street office, the Wuqing Housing and Construction Committee and the Wuqing Letter and Petition Office all denied that there was a problem with funds," the owner Cheng Yu (pseudonym) told China Net Financial Reporter.
The relevant owners provided the opinions on the handling of petitions by the Tianjin Wuqing District Housing and Construction Committee, which mentioned that "the second phase of the Jingwei project does have the problem of delayed delivery, mainly due to the shortage of funds of the construction unit, resulting in a greater impact on the construction progress".
The owner also provided a reply notice from the Wuqing District Housing and Construction Committee to the public information of his application, which mentioned that as of July 14 this year, the total income of the supervision account of the 12# and 19# buildings of Huating Huating was 476 million yuan, of which the total income of the supervision funds was 114 million yuan, the total income of funds other than the supervision funds was 362 million yuan, and the current balance of the supervision fund account was only 6.8467 million yuan.
Opinions on the handling of petition matters issued by the Housing and Construction Commission of Wuqing District, Tianjin Municipality
Reply to the reply notice and fund details of the supervision fund account of the 12# and 19# buildings of Huating
The Measures for the Supervision of Pre-sale Funds for Newly Built Commercial Housing in Tianjin (Editor's Note: Here is the 2016 version, and the new version was implemented from August 1 this year) stipulates that if the acceptance of the main structure is completed, the cumulative amount of funds applied for use shall not exceed 70% of the regulatory funds; if the completion acceptance and filing is completed, the cumulative amount of funds applied for use shall not exceed 99% of the regulatory funds. This means that buildings 12# and 19# of Huating have illegally embezzled more than 20% of the regulatory funds only after the completion of the main project.
In addition, the details of the funds in the supervision account show that 27.38 million yuan was transferred out on January 27 this year, and the corresponding project progress was completion acceptance, while the actual project progress of the 12# and 19# buildings of Huating Huating at that time did not reach the completion acceptance stage. The reply of the Dongpuwa Street Office in Wuqing District and the documents provided by the developer show that according to the construction time, the completion acceptance will be completed on July 20, which is nearly half a year different from the time when the funds were transferred out. So, since the progress of the project is obviously inconsistent, why was the regulatory funds of 27.38 million yuan transferred out? What exactly is this regulatory money diverted? In response to the specific situation of the misappropriation of funds, China Net Finance sent a letter to Jingwei Land, but did not receive a reply as of press time.
Opinion on the handling of petition matters issued by the Dongpuwa Street Office in Wuqing District, Tianjin
Is the construction of the basement a supporting project?
After the owners' efforts, in September this year, Jingwei City Oasis Tianjin issued to the owners of the Huating Project of Xuefu Huating Project the progress of the second phase of the basement project and the delivery plan of buildings 12# and 19# (hereinafter referred to as the "Delivery Plan"). According to the delivery plan, the overall acceptance plan of the Huating project of the university was completed on May 30, 2022.
About the progress of the second phase of the basement project of the B2 plot of the Huating Project of the University and the delivery plan of buildings 12# and 19#
To the surprise of the owners, the delivery plan mentioned the progress of the construction of the second phase of the B2 plot basement, and pointed out that the basement was a supporting part of the 12# and 19# buildings. In other words, the basement must be completed before the house is handed over. "When I bought the house in 2017, the main project of Huating of the university had been completed, and it was expected that the house would be delivered soon. But there is no planning for the basement at all, and the construction of the basement was only heard by the developer last July," said the owner, Cheng Yu.
So, is the basement a supporting project of building 12# and 19#? Was the reason for the delay in delivery due to the construction of the basement? The answers given by the parties were also inconsistent.
Relevant reply of Wuqing District Committee
On July 14, 2020, the Wuqing District Party Committee said to the outside world, "According to the construction plan of Jingwei Real Estate, the real estate company must first complete the construction of the basement of the community, and after the construction of the basement of the community is completed, the construction of the supporting projects of the 12# and 19# buildings will begin." At present, the real estate company is revising the details of the basement construction plan in accordance with the recommendations of the Planning Bureau, and will carry out the construction of the basement immediately after the plan is determined, and the construction period is expected to be 4 months."
According to the relevant owners, the general person in charge of Jingwei City Oasis has denied that the supporting facilities of the 12# and 19# buildings cannot be carried out normally due to the basement.
On February 10 this year, the Dongpuwa Street Office of Wuqing District also mentioned in the reply to the complaints of relevant owners on the People's Daily Leadership Message Board that "there is no new basement plan under Building 12#, the building is a high-rise building in the early stage of review, and the current policy does not have any impact on the project under construction".
According to the above delivery plan, the construction of the basement roof and side walls will be completed by the end of November. However, on November 29, many owners received the latest news in the WeChat group for the promotion of the project: "The construction of the basement is a month late."
Because of the construction of the basement, a large pit has been dug in front of the 12# and 19# buildings. "Usually the construction of the basement is a systematic project, planning first and then construction. If the basement planning is temporarily added, it may cause some harm to the completed building structure nearby. For example, the occurrence of large-scale wall cracks and even building collapses in the sinking of the foundation not only has a large safety hazard, but also seriously affects the normal use of the building," Yang Hui, a construction engineer, analyzed the financial reporter of China Net.
Cracks appeared in the huating building of the university
"The main project of Buildings 12# and 19# has been completed, and obvious cracks have appeared before they have been delivered, which may evolve into serious quality problems after delivery, and rights protection must continue." As owners, we are afraid of accidents such as collapse in the later period of occupancy," said many owners helplessly.
Workers in the construction unit were exposed to have been evacuated
After the above delivery plan was released, some local owners in Wuqing were told by the doorman when visiting the construction site that "the workers of the construction unit have been evacuated, the workers' dormitories have been emptied, and even the middle-level leadership team of the development company has moved away."
"Buying a house was originally to settle down, and now by renting a house, more than 1 million mortgages have been breathless, but also to pay a high rent, the proportion of daily payment of liquidated damages is one hundred thousandth of the price of commodity houses, resulting in a difference that the owners can not afford," one bought a house and told reporters.
At the same time as the financial pressure, the delay in handing over the house also affects the children's schooling. There are many owners of Huating, who choose to settle in Tianjin mainly in the hope of providing a better educational environment for their children. "Buying a house is for the child to go to school nearby, originally with the purchase contract can also go to school, but the premise is that the off-plan house has been delivered, if the off-plan house is not delivered, it will not be divided into school pieces, and it can not go to school." At present, except for Yangcun No. 13 Primary School and Yangcun No. 11 Middle and Outer School near Huating, other schools implement the above regulations," said the owner Zhang Xiao (pseudonym).
Due to the delay in the delivery of the house, some owners' living expectations have been disappointed. "At that time, I bought a three-bedroom apartment of 110 square meters, and originally planned to return to Wuqing after the house came down, but now I can only carry it in Beijing, while defending my rights, while waiting for the delivery of the house," said Cheng Yu, a native of Wuqing.
According to statistics, since last year, the owner of the project has defended his rights more than 10 times, not only has the rights protection process encountered various prevarications, but even the delivery plan formulated after the intervention of the relevant government departments is difficult to implement as scheduled. Coupled with the construction status of the basement, some owners have the idea of checking out or changing rooms. "If you check out, based on the developer's current financial situation, you may face a situation where the lawsuit is won but you can't get the money, and in the end, the money and the house may not be available," the lawyer reminded.
In view of the delivery progress and follow-up compensation of buildings 12# and 19# of Huating, China Net Finance will also continue to pay attention to it.
(The pictures in the text are provided by the owner, authorized to be used by China Net Finance)
(Editor-in-Charge: Fang Xiaoyu)