It should be a neighbor who looks down and doesn't look up,
But I can't see each other all year round-
It's been a long time,
The sound of the door opening never seems to sound......
Thinking that some families in the community used their houses to place urns for memorials, Mr. Zhao, who lives in a community in Nantong, Jiangsu, was faintly uneasy.
Until two days ago, Mr. Zhao happened to be resting at home, and suddenly heard a movement on the opposite door, so he quickly got up and ran to the door, and looked out from the cat's eye: there were seven or eight people crowded in the corridor and opened the door on the opposite side. Mr. Zhao pretended to go out, and through the gap between the bodies of several people, he saw two candlesticks in the opposite room, with a black box in the middle. As the other man bent down and bowed, a black-and-white portrait appeared in his field of vision.
"My 'neighbor' is not a living person!" The original speculation was confirmed, thinking that the opposite door was a "columbarium" specially used to place urns, Mr. Zhao felt both nervous and a little scared, "What should I do"?
Mr. Zhao's case is not unique. Some netizens also posted pictures on social platforms saying that they saw that the window of the room next door was sealed with red bricks by the owner......
Today (April 5),
#多地小区出现骨灰房#也冲上热搜,
Many netizens said they were trembling.
Netizen 1: Anyway, I can't do it without being afraid.
Netizen 2: It's still a little scary, if the surroundings are empty, I still like popular communities.
Netizen 3: There is a community in my house where many people have bought it as a cemetery, and several people's tablets can be placed in it.
According to reports, in many places across the country, individuals have purchased commercial houses for special urns, and some respondents said that there is a certain proportion of "columbariums" in the communities where they live, and some floors and even buildings may "live with more dead people than living people".
So, can commercial housing be bought to house urns for memorial service? Does the "columbarium" infringe upon the legitimate rights and interests of other neighbors? If it is used as a gimmick, is it illegal to sell a house? With these questions in mind, this reporter recently launched an investigation and interview.
Purchase a commercial house to place ashes
There are community "columbariums" piled up
Last year, Li Yun (pseudonym) from Changsha, Hunan Province came to work in Qingdao, Shandong Province, and when he first arrived, he took a fancy to a house in Li × Village on the online platform - it is far away from the city, but the transportation is more developed, and the key is that the rent of the house in that community is much cheaper than the surrounding area, and the rent of that house is only half of the similar apartment type in the surrounding community.
Thinking that he had found a leak, Li Yun hurriedly paid the deposit. Just as he was moving in high spirits, he always felt that the security guard at the door looked at him strangely. When he set up the room and opened the windows to let in the air, he found that the windows of the three houses opposite were all sealed with red brick cement, leaving no gaps.
Once, when Li Yun went out, he happened to hear the security guard say into the walkie-talkie: "Young people are really bold now, and they are not afraid at all if they say they live in this kind of house with a heavy atmosphere." Thinking of the sealed windows and the particularly cheap rent, Li Yun felt that something was wrong, and after inquiry, he learned that those houses were "columbariums", and according to local customs, they could not see the light, so the windows were sealed. Also because of the existence of "columbarium", the housing prices and rents in the community are much cheaper than those in the surrounding area.
After not staying for two days, Li Yun moved out, "To be honest, I was a little panicked living there."
There is also such a "columbarium" in Tianjin. Mr. Wang, an air-conditioning installer in Tianjin Binhai New Area, told reporters that he had seen a "columbarium" when he installed air conditioners in a community in Tianjin Port in Binhai New Area. On that occasion, he received an order to install an air conditioner, and the customer offered twice the usual installation cost.
Mr. Wang was very impressed, as soon as he entered the door, he saw a table in the center of the living room, on which were placed urns and various offerings, and the window was not sealed, but hung with white curtains and large white flowers in the middle, which looked like the decoration of a mourning hall.
I shuddered with fright, and involuntarily retracted my foot that had entered the door. Mr. Wang recalled that when the customer saw this scene, he doubled the original installation fee again on the spot, and he was able to install the air conditioner.
According to Mr. Wang's introduction, the reporter recently came to the community. A cleaner pointed to a room with white curtains and a large white flower in the middle, as well as a room with black curtains closed, and said that it was what everyone called the "columbarium", which was usually empty, and only people came to pay their respects during the Qingming Festival.
The reporter counted that there are only two buildings near the gate in the community, and there are more than 10 sets of rooms decorated in this way.
In recent years, it has been exposed that there are "columbariums" in many communities, and there are multiple "columbariums" in one building in some communities, or a certain floor is a "columbarium". A real estate industry insider in Jiangsu told reporters that when some real estate projects were opened, they attracted a group of buyers from surrounding big cities, and many of them bought houses as "columbariums".
The reporter learned from the investigation that because of different customs, the choice of "columbarium" is also different, and some people will consult "Mr. Feng Shui" when buying and decorating "columbarium", which also leads to the phenomenon of "columbarium" piling up in some communities.
Mr. Liu from Cangzhou, Hebei Province consulted "Mr. Feng Shui" some time ago for the purchase of a "columbarium", and was not only recommended a few residential areas and floors, but also asked him to paste white or green couplets at the door of the "columbarium", and then replace the door with an old-fashioned iron door, and cover the keyhole of the door lock with paper. "I'm a little hesitant right now, because a neighbor on the same floor might come to me. ”
The deceased rest in peace, but the living are unwell
It is difficult to limit the actual use of the owner
Why do you choose to place urns in commercial houses for memorials, even though there is a regular cemetery?
The reporter's investigation found that most of the owners who choose "columbarium" live in first- and second-tier cities, and there are practical problems in big cities such as high cemetery prices, expensive management costs, and short lease periods.
"It's too expensive to afford. Some time ago, after consulting the price of a nearby cemetery, Ms. Zhao of Chaoyang District, Beijing, couldn't help but sigh. She told reporters that in Beijing, even some cemeteries with average quality and remote geographical location cost more than 100,000 yuan, and after purchasing the cemetery, they can only enjoy the right to use it for 20 years, and then they need to pay a "cemetery management fee".
Ms. Zhao bluntly said that she has been optimistic about a real estate in Chongli District, Zhangjiakou City, Hebei Province, the price of a suite is about 250,000 yuan, the area is moderate, and the property right period is as long as 70 years, and she is ready to place the ashes of her deceased relatives there and go to worship every year.
A property owner of a community in Tianjin who bought a "columbarium" said that when buying this kind of house, he would generally choose a community with a relatively remote geographical location, fewer residents, and a cheap unit price, and would quietly resettle it after buying it, and would not tell his neighbors and nearby residents, so as not to cause psychological burden and disputes on the other side. "My family's economic conditions are not bad, and I bought a 'columbarium' to place the ashes of my relatives, and some of my friends placed the ashes of their relatives on the nearby wild hills, and made a few pieces of broken stones to pile them up. ”
According to the prompt, the reporter climbed several wild mountains in Tianjin, and found that there were indeed many suspected urn placement points, some of which were covered with red cloth and placed in inconspicuous stone caves, and some were covered with stones and built into the shape of a tomb.
"You have to find a place for your loved ones to rest in peace. The owner said.
On the one hand, there is the sincere emotion of letting the loved ones rest in peace, and on the other hand, there is the taboo of the neighbors for this special behavior.
"Psychologically unbearable, uncomfortable", "difficult to accept", "definitely report"...... Under the topic of "columbarium" on social platforms, many netizens expressed similar opinions, thinking that "I worked hard to save money to buy a house, but in the end I found that the ashes were 'lived' on the other side, and no one wanted to change it", "When I think of living with a bunch of deceased people, I feel that the corridor is colder and gloomy when I go out".
According to public reports, in 2017, a group of owners gathered to protest in a community in Rugao, Jiangsu Province, because of the existence of "columbarium" in the community.
In addition, some respondents mentioned that the "columbarium" is often left unmanaged for a long time, and there are also potential safety hazards due to the burning of paper and the lighting of incense and candles during the New Year's holidays.
A real estate industry insider in Tianjin told reporters that buyers will not tell developers the purpose of the house, and the sale will only sell the house, regardless of the use. The developer stipulates in the sales contract that the use of the house shall not be changed. However, in practice, it is difficult to define whether the owner has changed the use of the house as a "columbarium", and some "columbariums" are also difficult to detect.
A staff member of the property management company said that after some communities have moved in for a period of time, some owners will report to the property management company: there are many houses in the community that are not lit all year round, but there are people in and out on the day of the Qingming Festival, and the lights are bright all night, which is suspected to be a "columbarium". The property management company has to contact the owners of both parties for negotiation, but if the other party does not admit or is unwilling to change, the property management company has no good way.
The reporter recently consulted housing sales staff in Tianjin, Qingdao, Shandong, and Liaoning on the grounds of "wanting to buy a 'columbarium'", and almost all of the replies were "there is no 'columbarium' in this community" and "I have never heard of 'columbarium'". However, there are also individual salesmen who, after learning of the reporter's intentions, will recommend the relevant community and ask for an interview.
"In the same way as the 'house flipping wave' in previous years, many people buy houses but do not live in them, and the same is true for 'columbariums', and it is impossible to distinguish the use of the buyers when they are sold. A real estate salesperson in Binhai New Area, Tianjin said.
"We have no right to interfere with what you buy it for. The purpose of the house is not something we consider. A salesperson said.
Unauthorized change of use of commercial housing
The unanimous consent of the owners shall be obtained
Is it illegal for commercial housing to be sold or used as a "columbarium", and does the owner of the community or the next-door neighbor have the right to demand restitution?
Bao Hua, director of the Property Management Legal Professional Committee of the Beijing Lawyers Association, said that if the real estate salesperson knows that the buyer is buying the house for the purpose of placing the urn for memorial, but still sells, or implies that the buyer can place the urn after the purchase, it is an illegal act, in violation of the relevant content of the Civil Code on the validity of contracts and the protection of consumer rights and interests.
"The purpose of commercial housing is to be used for living, not to store the ashes of the deceased, which is different from the commonly understood residence. Zheng Ning, dean of the Law Department of the School of Cultural Industry Management of Communication University of China, said that the purchase of commercial housing by individuals to place urns violates the principle of public order and good customs in the Civil Code.
Zheng Ning believes that from the perspective of good faith, if a house that has been used as a "columbarium" is sold again, the seller should fulfill the obligation to inform the purpose of the house. "The placement of ashes in a house, like murder, suicide, etc., is a situation that some people will mind, and the buyer should have the right to know about the situation. ”
According to Zhang Dacheng, director of Shanghai Chengkang Law Firm, the "columbarium" involves multiple stakeholders, including the owner of the "columbarium", the neighbors adjacent to the owner, and the owners, developers, and property management companies in the same community. "If the developer develops the 'columbarium' in a targeted manner and builds a small-area commercial house with a unique shape, which is specially used to place the ashes of relatives for the buyer, even if it is sold in the name of the residence, it is still suspected of violating administrative laws and regulations. ”
Zhang Dacheng said that the current laws and regulations on the mainland are not completely free of restrictions on the behavior of residents using commercial houses to place urns for memorial services. Judging from the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights promulgated by the State Council, the change of a house for "residential" purposes to a "columbarium" for "funeral" purposes has in fact constituted a change of land use and violated relevant regulations. Even if it is considered that administrative regulations do not have the right to regulate the behavior of civil law subjects, the behavior of residents using commercial houses to place urns without permission clearly violates the basic principles of civil law to abide by public order and good customs.
Specific to the field of funerals, Article 14 of the "Regulations on the Administration of Funerals" also clearly stipulates that funeral activities shall not obstruct public order, endanger public safety, or infringe on the legitimate rights and interests of others. Therefore, the residents of the community have the obligation to follow the most basic public order and good customs when placing the urns of their families. Zhang Dacheng said.
He suggested that the legislature should introduce relevant laws and regulations as soon as possible to regulate and manage the phenomenon of using commercial housing to place urns. In addition, because the root cause of this phenomenon lies in the "sky-high cemetery", in order to fundamentally solve the problem, the relevant departments should also rectify the chaos of funeral industry fees. Finally, the balance between the living and the deceased is "buried after the dead", and the unity of legal effect and social effect is realized.
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Source: Legal Daily, Beijing Youth Daily Editor: Ruowen Editor: Lai Ting Review: Lu Hongmei
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