When buying a house, the salesperson said that the first floor of the multi-storey garden house had a yard. After the house was delivered, the owner needed to build it himself, but it was demolished after it was built. The owners felt it difficult to understand--
"How did a yard built according to property requirements become illegal?"
Our reporter He Lihua
The picture shows the yard built by Mr. Liang outside the balcony;
The picture shows the layout of a seemingly yard outside the first-floor balcony of the multi-storey house in the sandbox of the "South Central" sales department;
The picture shows that the original open space outside the balcony on the first floor was separated by branches by developers;
The picture shows the owner clearly informed the construction requirements on WeChat before the yard was built.
Photo by reporter He Lihua
At around 9:30 am on the 3rd, Mr. Liang, the owner of Room 101, Unit 1, Building 11, Zhongnan · Junyuefu, received a phone call from the property as soon as he left the community, and hurriedly returned. When he arrived at his doorstep, he was stunned by the sight in front of him. The yard outside the balcony he had worked for more than two months was ruined.
At the time, in addition to his family, the same situation happened in four or five households in the community. "I heard that it was because an upstairs resident reported to the urban management department that the courtyard built by the first floor occupants outside the balcony invaded the public greenery of the community, which was an illegal construction, so it was demolished." Mr. Liang said, making him feel Angrily and puzzled, the courtyard was bought by him, and the entire construction process was strictly in accordance with the requirements of the property. How could it be illegal?
Owners are very distressed about the yard that has been demolished, but now they are more worried about it. If the yard is really illegal, what is the significance of buying the first floor at a high price? What does the salesperson say when there is a yard outside the first floor of the multi-storey garden house when buying a house? Everyone hopes that the developers can give them a story on this matter.
The yard was built in accordance with the property requirements and the yard was still demolished
On the afternoon of the same day, after receiving the feedback from the owner, the reporter came to the community. More than a dozen owners were sitting in front of the balcony of Mr. Liang's house and watching the scene was a mess. Not only the iron fence was demolished, but also the surrounding green trees. It fell down, and the glass on the balcony broke.
"I received a phone call from the property and learned that my yard was demolished, and I rushed back immediately." Mr. Liang told reporters that the house was bought by him two years ago, and was officially delivered at the end of September this year. It took me more than two months to build it, and it cost tens of thousands of yuan before and after. "The salesperson said when the house was sold that the house had a yard, and before the renovation started, the property sent me a WeChat message. Ask for a yard. "
The reporter saw on his mobile WeChat that the property first sent him a rendering of the yard construction, and then made specific requirements for the height of the wall, the height of the fence, and the color of the exterior wall. "I did according to their requirements, but now it has become an illegal construction. Who will bear my loss?" Mr. Liang said.
The yard becomes a "selling point" on the first floor, and the owner buys it at a high price
The owners of the onlookers also bought the first floor like Mr. Liang. Because they received the news in the owner's WeChat group, they rushed over. Everyone said that the reason why the first floor was bought was because it had a yard, and it cost a lot of money for it. Subsequently, an owner took out the original invoice for the purchase of the house, claiming that the first floor and the second floor had the same apartment type and area, but the first floor was priced at 160,000 yuan higher than the second floor. "Everyone knows clearly that the vision and lighting on the first floor are not good, and there are many mosquitoes. The disadvantages are obvious. If it were not for this yard, we would not have bought it at a higher price than the second floor." Mr. Wu said that when he visited the model room before buying a house, the sales staff emphasized that the first-floor house had a yard of about 80 square meters.
"When I bought a house, I thought the developer would build a yard for us, but after the house was delivered, I found out that they only surrounded a circle of branches, and the yard still needed us to build, which made us feel deceived. "Mr. Liang said that at the time he was very dissatisfied with the developer's approach, but taking into account factors such as the progress of the renovation, and before the yard was built, the property helped him clear the branches that used to separate the yard, so in the end Nothing to worry about. But now that he has built the yard, he was demolished because of illegal construction. In this regard, he said he couldn't bear it anymore, and hoped that the developers could give them a statement.
Sales department: currently under negotiation, will give the owner an account
Later, the reporter went to the sales department of Zhongnan · Junyue House. After entering the model room, he saw that there was only a circle of greenery outside the balcony, and there was no ready-made yard. "At the time, the salesperson pointed out the window and said that the green surrounding was the yard, and the owner had the right to use it." One owner said that the purchase contract also stated that the courtyard and other parts were uniformly and exclusively used by the owner designated by the seller. In addition, the owner stated that the existence and location of the yard were clearly marked on the sand table of the real estate. The reporter saw that on the sand table, the multi-storey garden houses purchased by the owners were separated by green partitions in front of the balcony on the first floor, while the outer circle was planted with greenery, but the high-rise buildings did not have such a design. Greening.
However, the reporter roughly reviewed the owner's purchase contract and found that it did not give a specific description of the yard the owner said. So, is there a yard outside the balcony of the first floor house? Can owners build their own yard? In this regard, a manager of the sales department, in consultation with the owner, stated that they are communicating and handling the matter, and an explanation will be given to the owner. As for other issues, we will not respond at this time.
Lawyer: If the developer makes a written commitment to the yard, the owner can negotiate rights
The reporter consulted lawyer Ding Bin of Jiangsu Wanshan Law Firm on this matter. He said that the owner's rights protection requires factual basis. If the developer makes a written commitment to the yard when buying a house, he can ask the developer for an argument and negotiate rights protection; if there is no basis It is just an oral introduction made by the sales staff when selling the house. In the case where the developer did not build the yard, the owner's self-built yard is indeed an illegal construction.