Source: China Consumer Daily
China Consumer Daily reported (reporter Sun Wei) that during the Qingming Festival just past, many people returned to their hometowns to sweep their graves to express their thoughts about their deceased relatives. However, in some urban communities, there has been a phenomenon that owners buy commercial houses specifically to place urns, which has caused heated discussions. Is this kind of "columbarium" illegal? Do developers and property management companies need to be held responsible? How did the neighbors react? A reporter from China Consumer Daily interviewed about this.
The phenomenon of "columbarium" emerged
With the acceleration of urbanization and the increasing shortage of land resources, a new social phenomenon - "columbarium" has gradually emerged.
"Columbarium", as the name suggests, refers to a house dedicated to placing urns. This type of special-purpose commercial housing is used to store the urn of the deceased, rather than a living space in the traditional sense. The emergence of this phenomenon not only reveals the practical problem of insufficient resources of traditional cemeteries, but also touches on the boundary problem of social order and good customs, which has aroused widespread concern from all walks of life.
"Urbanization, the shortage of land resources, and the high cost of traditional cemeteries are the main reasons for the emergence of 'columbariums'. Wang Yuchen, the chief lawyer of Beijing Jinsu Law Firm, told reporters that in some big cities, land resources are becoming more and more tight, and the price of cemeteries is getting higher and higher. Therefore, some people choose to store the urn in a commercial house, thinking that it is a relatively economical and convenient option.
"I encountered a similar situation when I went on a business trip to Qidong, Jiangsu Province a few years ago. According to local friends, because Qidong is close to Shanghai and the housing prices are low, some people come from Shanghai to buy houses. After buying it, it is not lived, but used as a 'columbarium'. This phenomenon is especially common in remote communities. Wang Yuchen told reporters.
Mr. Li, who traveled all over Beijing and the surrounding areas in order to buy suitable cemeteries for his deceased relatives, told reporters that in Beijing, even some cemeteries with average quality and remote geographical locations cost more than 100,000 yuan, and they only enjoy the right to use them for 20 years after purchase. In the end, he had no choice but to buy a cemetery in Chengde, Hebei. "Although the cemetery in Chengde is cheaper than in Beijing, it is better to buy a cheaper house with 70-year property rights in Gu'an, Hebei Province, which is closer to Beijing and where the ashes of deceased relatives can be placed and it is convenient to go to pay respects every year. After Mr. Li heard about the "columbarium", he told reporters.
According to the reporter's understanding, the phenomenon of "columbarium" is particularly prominent in some areas with low housing prices and not far from big cities, and many foreign buyers use it as a place to store ashes, making these communities a special "columbarium" gathering place.
In addition, personal emotional sustenance and cultural factors have also promoted the emergence of "columbarium" to a certain extent. Wang Yuchen said that in some traditional cultures, people often hope that the ashes of their relatives can be close to the place where they live, so that they can easily worship and commemorate. When the cemetery cannot meet this demand, some people will choose to place the urn in their own home or a nearby commercial house so that they can remember it at any time.
Violation of the principle of public order and good morals
Can commercial housing be bought for the placement of urns? Does the "columbarium" infringe on the legitimate rights and interests of other neighbors? Are developers and property management companies responsible?
Wang Yuchen said that the laws and policies on the storage of urns are not perfect enough, which leads to a certain gray area in the law for the phenomenon of commercial housing being used as "columbarium".
Wang Jiucheng, the chief lawyer of Beijing Li Dao Law Firm, said in an interview with reporters that the "columbarium" involves the owners of the house, neighbors in the same community, developers, property companies and other entities, and there is no special law to regulate them.
First of all, if a developer obtains land use rights for residential use, but later develops and constructs "columbariums" and "columbariums" and sells them in the name of residential buildings, it is suspected of violating the provisions on land use in the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights (Revised in 2020).
Second, although the owner has ownership of the exclusive part of his dwelling and the use of the dwelling is determined by the owner, if the owner buys the house for the purpose of relocating the ashes of relatives and is not for living as commonly understood, this actually changes the use of the land and the house, which is suspected of violating the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights (Revised in 2020). In addition, the owner shall not endanger the safety of the building or damage the legitimate rights and interests of other owners when exercising his rights, and the owner's behavior of placing ashes in the residential house is suspected of violating the principle of public order and good customs in the Civil Code.
Finally, the rights and obligations of the property management company come from the property service contract, if the behavior of the owner of the "columbarium" violates the relevant regulations and endangers the common part of the owner in the property service area, then the property has the obligation to take reasonable measures to stop it in a timely manner, and at the same time report to the relevant administrative department and assist in handling it, so as to protect the personal and property safety of the owners.
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. The Civil Code clearly stipulates that owners have the right to occupy, use, benefit from and dispose of the exclusive part of their housing, but when exercising these rights, they shall not endanger the safety of the housing and shall not harm the legitimate rights and interests of other owners. Therefore, changing commercial housing into "columbarium" may bring psychological pressure to the neighborhood and affect the psychology and emotions of community residents.
Article 14 of the "Regulations on the Administration of Funerals and Funerals" also clearly stipulates that funeral activities shall not obstruct public order, endanger public safety, and shall not infringe upon the legitimate rights and interests of others. Therefore, the owners of the community are obliged to follow the most basic public order and good customs when placing the urns of their families. Zhang Dacheng, director of Shanghai Chengkang Law Firm, said.
It is possible to request the restoration of the house to its residential use
If it is discovered that someone is using a commercial house as a "columbarium," what should other owners of the community do? Do they have the right to demand that it be restored to its original state? Wang Jiucheng believes that in the face of the phenomenon of "columbarium," neighbors can take various measures to safeguard their legitimate rights and interests. For example, you can file a complaint with the property management department or relevant agencies, or you can file a lawsuit with the people's court on the grounds of violating the principle of public order and good customs, and ask the other party to restore the house to a living state. In addition, neighbors have the right to know, according to the principle of good faith in the housing contract, if they encounter a "columbarium", they can negotiate with the seller or the lessor of the house to settle the problem, such as requesting to terminate the contract, terminate performance, restore the original state or compensate for losses, and if the negotiation fails, they can sue the court for settlement.
In addition, Zhang Dacheng said that if a house that was once 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. ”
"The phenomenon of 'columbarium' is a sensitive and complex social issue, which has caused a lot of controversy and pointed to the shortcomings of legal and ethical adjustment. Wang Jiucheng suggested that the relevant departments should rectify the chaos in the funeral industry, clarify the boundaries of the rights and obligations of all parties through legislation and other means, promote the reform of the funeral service industry through laws and other means, guide the public to change their concepts, choose tree burials, flower burials, sea burials and other burial methods, reduce the pressure and burden of funerals, and achieve a balance between the living and the deceased's "burial", and realize the unity of legal and social effects.