"I can't get a real estate certificate after staying for 5 years, because the community has not passed the fire inspection." On January 21, a number of owners of Zhongyuan Spring on Qingjiang Road in Baoji City reported to Huashang Bao-Ersanli Information that they could not get a real estate certificate after staying for 5 years, and the developer collected the overhaul fund and deed tax on behalf of the developer that year and did not hand it over to the competent authorities. Recently, it was learned that the community did not pass the fire inspection. This has directly led to the inability of many owners to trade, and the impact on their children's schooling.
Owner: After 5 years of living, I can't get the house book, and the community has not passed the fire inspection
An owner told reporters that the Zhongyuan Spring Community began construction in 2011 and was handed over in 2014 according to the contract, but the actual house was not delivered until August 2015. "The whole community has 1 building with 1 floor, a total of 34 floors, a total of 288 owners. The off-plan house bought in 2009 and the house handed over in 2015 have now been five years old and cannot be done, because the community has not passed the fire inspection. ”
Ms. Li said: "The procedures for house viewing, signing a contract to buy a house, paying a down payment, taking out a loan to a bank, overhauling a fund and paying deed tax are all the same as other real estate companies. We are all the same owners of the house delivered in 2015, when the house was purchased, the overhaul fund and deed tax were collected by the developer Baoji Jiaze Real Estate Development Co., Ltd. However, so far we have been living in for 5 years, but the house has been delayed, and later we know that the fire inspection of the community has not passed. ”
After the owners moved into the community, they thought that they would be able to apply for a property certificate soon. "According to the contract between the two parties, the seller shall, within 500 days after the delivery and use of the commercial housing, report the registration of ownership to the property rights registration authority for the record by the seller. But what the owners did not expect was that for this property certificate, they waited for 5 years and have not yet obtained the property certificate. ”
Developer: Promised to apply for a real estate certificate at the end of the year, collect the overhaul fund and deed tax on behalf of the company
It is understood that the Zhongyuan Spring Project was invested and constructed by Baoji Jiaze Real Estate Development Co., Ltd. on January 1, 2011, with a planned area of 2,623 square meters, a construction area of 20,000 square meters, a total of 288 households, and a 34 single-family high-rise residential buildings covering the bottom business.
According to the contract, the seller shall, before August 31, 2014, hand over the conditional real estate to the buyer in accordance with the relevant provisions of the national and local people's governments. At the same time, the contract also stipulates in detail the liability for breach of contract for late delivery. If the overdue period does not exceed 90 days, from the second day of the final delivery period of this contract to the date of delivery, the seller shall continue to pay the buyer a liquidated damages of 0.1 per 10,000 of the price paid on a daily basis.
For the owner's questioning, the reporter of the "Xiaoli Help" column of Ersanli Information contacted a person surnamed Cao of the developer of Zhongyuan Spring, "The owner's overhaul fund and deed tax are in the company's account." The person in charge denied the misappropriation of the owner's overhaul fund and deed tax.
At the same time, she said that the Zhongyuan Spring Five-Party Completion Acceptance has been done, but the fire acceptance has not been successful, last year began to carry out fire acceptance rectification, is still actively rectifying, the near future will gradually rectify in place, for the owner of the real estate certificate, will be expected to be promised at the end of this year to complete.
Official: Fire control acceptance procedures can be handled within 15 working days
A staff member of the Fire Department of the Urban-Rural and Construction Bureau of Weibin District, Baoji City, said that the Zhongyuan Spring Community was handed over in 2015, and the fire control acceptance was responsible for the fire brigade before it was transferred to the construction department in 2019, and after the transfer to the local housing construction in 2019, it was the fire center of the housing department, who was responsible for all matters such as fire audit review, fire control acceptance and so on. Now the fire control acceptance is the fire center to extract experts from the society according to the fire design review report in accordance with the new fire control regulations for acceptance, unqualified will order the developer to rectify. At present, the acceptance data of the community on fire protection has not been received, and the relevant information of the community has not been seen in the fire control acceptance transfer to the Housing and Construction Bureau.
The staff of the Baoji Real Estate Registration Center said that when the five certificate procedures are complete, after the completion acceptance and fire protection procedures in accordance with the relevant regulations, the independent whole building can apply for the first registration of the big certificate if it meets the above conditions, and after paying the major repair fund and deed tax and other related materials, the real estate registration center will complete it in 15 working days, and then the developer can apply for transfer registration to the owner and handle the personal real estate registration certificate.
Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer, said that if the developer collects the overhaul fund and deed tax on behalf of the developer and does not pay it, the owner can complain and the functional department can punish him. If the developer embezzles and is also suspected of embezzling funds, the developer can be held criminally liable.
Huashang Daily reporter Dong Xiaoming edited Wen Weicheng and Liu Jie