"Want to do migratory birds, now a bird without feet. "
The end of 2013, Lin Lizhun from Jilin province (not his real name) sell home House, in Sanya city, Hainan Province, to purchase a set of more than 40 square meters of houses, wanted to give their elderly and sick mother as a sanatorium, allows mothers to experience "migratory bird" life. However, in April 2015, his house was found to be illegally built, 3 months have been demolished. More than 300,000 of the purchase, Peregrine, Sanya rental dwelling only temporarily.
This reporter has learned, in Sanya, the same area only, and he had the same experience, there are more than 1000 households. They were looking for developers for money told business difficulties, sue the Government Department was rejected by the Court. 51 people from millions of home buyers, all called "boondoggle".
Community relocation site map
Take public real estate trust
In October 2013, at the House fair in Changchun City, Hainan's Sanya city more real estate business in the snow "cats in winter" Jilin people selling warm winter in Sanya mean temperature above 30 degrees Celsius. Excellent winter environment, is that many Jilin people can't imagine, really attracted a lot of Jilin people stopped consulting real estate information. Lin Lizhun is one of them.
In a number of real estate, Lin Lizhun were Yazhou, Sanya is located in the region of Golden Sun Hot Spring Garden District (referred to as Golden Sun Community). It is close to the history of Yu Jing hot spring, Sanya, developer Yu spa leisure agriculture development company limited (referred to as Yu Jing company) staff told him that community when completed, will have a large hot spring pool in public areas, every household will also arrange the pipes, hot springs home.
Lin Lizhun mothers has more than 70 years old this year, has severe rheumatism, by Walker to slowly move along. When the weather is warm, the condition is still relatively light; as soon as the weather turns cool, mother's legs hurts get out of bed. Lin Lizhun check information found on the Internet, often hot spring water is good for rheumatism human health. He had brought his mother to the Heilongjiang's Spa a few times, the effect is good. Homes will be able to a spa in your own home, this is where Golden sunshine district most attractive Lin Lizhun.
Moreover, Golden sunshine residential real estate prices are not expensive, just over more than 6,000 square meters. Salespeople told him that real estate prices slightly lower than the other equally Hot Springs area, a slightly remote location because the community, second, because the communities current procedures are not complete. But the salesmen assured him: "building walk procedure Sanya is the standard practice in real estate, our property for Government support. You see Deputy Mayor to stop for us propaganda. "
Buying a House, for Lin Lizhun really is a big deal. He left sales personnel contact, did not immediately decide to buy. "I think blocks are covered up again. "Lin Lizhun said.
"Buying new policies" address customer concerns
Dai Xiue before retirement is a legal worker in Beijing. By the end of 2014, she came to Sanya for the winter like in previous years, "migratory bird the old man". Dai Xiue memories, many properties are selling houses in Sanya city at that time, service was attentive. Once the customer is willing to House buses direct to customer connect community to see the showroom. "I real estate, has no intention of really buying, it's travel. "Dai Xiue said.
When in the process of showing, Kim Guang Xiao Dai Xiue still inviting. Most Dai Xiue is community built into "gossip" form of pools. "Oh, dozens of old soaking in hot pools. Hot Springs pool is more than 2 meters tall dense trees, does not print at all, really good. "
February 2014, the Golden Sun communities has completed construction. By the end of 2014, and property in the district, the store is up and running. Community canteen cooks for inconvenience residents are provided with three meals a day, community of green areas reached the developer promised levels. All the rooms have simple décor; as long as people buy homes, developers will offer items such as air conditioners, refrigerators, beds, out-of-town customers achieve "bag check".
However, see entity building the Dai Xiue is not assured. She came to the sales personnel to various materials related to the property, for fear that House was illegally built. Sales staff gave her the Sanya Government approval, and detailed planning to the Design Institute.
According to the document, Golden Sun community-owned land is a Research Institute of tropical agriculture in Sanya City (hereinafter referred to as the hot section). According to urban and Rural Planning Committee of Sanya Sanya 2013 issued by the tenth meeting of the modern agricultural science-technology area of constructional detailed planning of the project, in 488 acres of land within the planning, of two class II a total of about 56 acres of residential land (A09, A13). 56 acres of land is the purpose of the placement of workers ' housing, and teachers, students ' dormitory.
May 5, 2010, hot Academy signed with Yu Jing of the land contract, agreed the heat Academy out 300 acres of land to Yu Jing uses, land contracting fee of 400 Yuan per Mu each year. On July 21, 2012 and April 19, 2013, Yu Jing Guang Li Zhixin investment company and Sanya Properties Limited (referred to as guangzhi investment), has concluded that the investment and construction of modern agricultural science-technology area in Sanya A09 business agreement (23.3 acres), the investment and construction of modern agricultural science and technology garden in Sanya A13 operating agreement (29.5 acres). In accordance with the contract, and intellectual investment in the two pieces of the Earth into buildings.
In June 2013, guangzhi investment construction projects, or Golden Sun Hot Spring Garden District. In early 2014, 17 buildings have been completed and put into use in the district. Community housing 1988 total, minimum housing area of 30 square meters, up to 70 square meters.
However, the purchase agreement is still in the form of Dai Xiue to worry. Golden Sun Community purchase agreement says owners buying a house 20 years tenure, access to developers and then presented to the owners for 30 years. "After all, this is the meaning of rent. "Dai Xiue don't want to spend hundreds of thousands of rent on an apartment.
Dai Xiue told the Beijing Times reporter, in order to dispel her doubts, sales personnel, Hainan Province, showed her the 2010 issued by the General Office of the Hainan Provincial people's Government to implement the State Council on promoting the stable and healthy development of the real estate market to inform the implementation of views. Views display, exploring low-rent housing rent, Hainan Province, simultaneously, the management of common property. State-owned reclamation, forests and State-owned enterprise with its own stock of State-owned land for construction fund raising of cooperative housing, under the premise of meeting the needs of employees in the enterprise, and approved by the people's Governments above the county level, allowing the remaining listings as the price of commercial housing sales. Outside sale price of commodity housing to pay land leasing and related taxes from the handle housing title certificate. Therefore, the sales staff told Dai Xiue, Sanya, such a sale is new policy, are allowed.
Dai Xiue final ", Hainan Province, is bewildered by the new policy." She believes the sales personnel say, bought three sets of more than 30 square meters of small apartment, price 7000 Yuan per square meter, and spent a total of more than 600,000. "I bought one for my son and daughter. "Think of consumer excitement, Dai Xiue has crossed.
Community lack of planning permits to illegal building
Dai Xiue after buying the House, and took seventy thousand or eighty thousand Yuan to three House-made decoration, for furniture. Because developers donated furniture quality is rather poor, so Dai Xiue changed them. "Son and daughter is to take the mother-in-law, mother-in-law to live in, not get too shabby. "Tidying up the room yigelai months later, Dai Xiue in golden sunlight community" enjoy "returned to Beijing until the beginning of March 2015.
On April 13, 2015, Golden sunshine village resident micro-letter group "frying pan".
Residents have posted a notice. This notice was posted by the comprehensive administrative law enforcement Bureau of Sanya, it said, modern agro-Science Park project in Sanya in the case of lack of planning permit of construction engineering, building houses without permission. On April 9, 2015, the enforcement Bureau had asked that the builders of the illegal removal of illegal construction, but they have not been ignored. Therefore, strong law enforcement Council decided on April 16 to remove. Enforcement requirements by April 16, all households to complete the relocation.
Golden Sun Community suddenly became illegal.
Dai Xiue Sanya, known as unauthorised. Reports had said that as of April 2015, Sanya city demolished illegally built 1006, total construction area of 486,000 square meters. However, she did not expect your House will be illegal, and is already facing imminent demolitions.
Lawyers-turned-Dai Xiue decided to take up legal weapons to safeguard their lawful rights and interests. She and 50 other community residents on June 19 to Sanya, Sanya city intermediate people's Court to prosecute law enforcement Council and the municipal government, and application to stop enforcement of law enforcement activities. 51 household purchase totals more than 12 million Yuan.
In the process of preparation of prosecution materials, to keep his house of hope to her. In accordance with the law on urban and rural planning provisions of 64th, lack of construction project planning permit or not according to construction project planning permit for construction, urban and rural planning departments by local people's Governments at or above the county level shall be ordered to stop construction; able to take corrective measures to eliminate the effects of plan implementation, correct within a construction cost more than 5% 10% the following fines.
In 2012, the housing and urban-rural construction Ministry issued the administrative penalty discretion concerning the regulation of urban and rural planning guidelines. The guidelines for what constitutes a "fair to take corrective measures to eliminate the impact on the planning and implementation of" building are clearly defined. Lack of planning permit of construction engineering construction, urban planning departments have been made of the scheme of a construction project review document and content meet or take partial dismantlement and corrective measures to meet the requirements of review documents, just the scope of corrective measures to eliminate the effects of.
In Sanya, and Golden Sun Nanshan Garden District as the lack of planning permits, it escaped the fate of demolitions. Bureau of Hainan province said in explaining why, because most of the Nanshan Garden House has been sold, and most owners have to move, so enforcement is not demolished, but within the completion formalities. While the Golden Sun Community has been more than more than 1300 households.
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Does not believe that the House will be demolished is the aspiration of Dai Xiue, most households were. However, because Dai Xiue housing in Beijing, and old high, knowing that house demolitions did not immediately return to Sanya. But this time, Lin Lizhun had just renovated their house.
Lin Lizhun 2014 Spring Festival by invitation of a friend to Sanya to play live in Golden Sun Community. At that time, was his friend and he joined House fair in Changchun. Since Mr CHEUNG has extra money, so I bought a House; by 2013, after the completion of his own House, he admitted.
See Zhang shuxin, Lin Lizhun is determined to buy a house in Golden Sun Community. In order to raise money, he put his house on the market in Jilin, in early 2015, Golden Sun Community bought a bigger size of around 60 square meters. "Thinking at that time, if the home stay with relatives, mainly with her mother in the Sanya health. Children are great, not so much the burden of work. "
His house "ride in" Lin Lizhun more reluctant to see the House demolitions. Then, he participated in the household were forming their own "authority", maintenance of Community basic household life.
In April after posting notices, community property is removed. Community law enforcement's electricity and water supply was cut off, time to panic. Many of them because the air conditioning is not available, unable to bear the heat, you can only select home. Some people with diabetes because refrigerators without electricity cannot be stored insulin also left the community.
In order to maintain the normal life of the community, area residents have power professional who started the emergency power supply in the district, and their own power. But because such power generation costs are too high, only power supply 6 to 7 in the morning for an hour a day, one hour each at 5 o'clock in the afternoon to 6 points. Community canteen has been taken over by the villagers themselves, in order to cook properly, use gasoline generators to maintain power. Sales offices and residents voluntarily donated the refrigerator for centralized storage of insulin in patients with diabetes, there are a TV household pastime, two electric petrol generators to maintain power.
By day, village resident with a candle to provide light in the dark, with ever-bubbling hot spring water as their water, buy pure water as their drinking water. To provide community residents with affordable, centrally by the industry authority in large quantities to buy gas canisters and gasoline, then sold to households in need.
Solve the problem of water and electricity, community safety issues emerged. Around April 25, 2015, the Sanya City Bureau of law enforcement in dismantling the community outside of a hotel while trying to community demolished, thus breaking down cell walls. When a female tenant rigidly hold excavator locomotives, to stop the demolitions. However, the wall gaps and community more than a lot of unknown persons. Sales offices in the fridge and a TV were stolen overnight. In order to strengthen the security industry authority gap plugging the walls with simple railings on the one hand, and arrange household 24 hours as the men gang task. In building were divided into 17 groups of households and households in each group take turns on duty in front of the community, men's night shift, ladies day shift.
In this way, until July 7, demolitions will formally begin, the district also has five hundred or six hundred residents adhere to.
Tenants sued law enforcement Council was rejected
For the enforcement of water and electricity, Dai Xiue questioned. She said, 43rd of the administrative enforcement law of China provides that the executive authorities not to stop water supply to the residents, power supply, heat supply, gas supply, such as forcing the party to the relevant administrative decision. In this regard, the enforcement staff Mr Chung explained that the cut off is in line with the provisions of the Sanya city. Sanya under the illegal construction control measures for the provisions of the fourth paragraph Nineth, in respect of the comprehensive administrative enforcement agency in the course of investigating and dealing with cases of illegal construction, structures need to take power, expired, measures such as water, electricity, gas and water supply sector to cooperate with the implementation.
Dai Xiue felt in June have sued law enforcement Council, and won the case. Enforcement should wait for the Court's ruling before deciding whether to demolish. However, Mr Chung said, according to the provisions of the administrative procedure law 56th, during the proceedings, may not stop execution of the administrative act.
Sanya city intermediate people's Court was also dismissed by the end of 2015 Dai Xiue, who prosecuted. The Court found that Dai Xiue, Sanya, and others are not enforcement of administrative penalty decision and enforcement decisions relative, relative who is hot in Sanya City Academy, Yu Jing Guang Li Zhixin and company Corporation. Sanya Dai Xiue enforcement demolitions are not the legitimate rights and interests of the people have a real impact. On April 18, the higher people's Court of Hainan Province as Dai Xiue, who convened the hearing of appeal, hearing the results will be announced in the near future.
Dai Xiue said others who choose to sue Yu Jing Guang Li Zhixin and company company, or civil proceedings with them. Some owners do have access to the courts or the arbitral institutions of support, developers lose results were obtained. However, developers say there is no money to pay for the residents, they also lost a lot of money in the demolitions.
Dai Xiue administrative proceedings in first instance, Yu Jing company as a third party to appear in court, expressed his grievances. Tamai said Government demolitions did not have legitimacy and rationality. Yu Jing companies 70% reporting procedures. Because edge construction construction is common in ya area, Golden sunshine district is yacheng area complete the formalities. Golden Sun communities from project to regulatory, compliance and real estate featured, are all behind the Government in advance. August 2012 to February 2014 construction period, no Government Department, said the building was illegally built. Until March 2015, the enforcement Bureau will issue a removal notice to demolish. Company, the project of more than 100,000 square meters, enforcement should give developers time, rather than demolished and a waste of resources.
Rent's "dream of migratory birds"
This reporter has learned, Dai Xiue in Haikou, after attending the hearing of the High Court, again came to Sanya. This time she intends to buy a house in Sanya. Her children to comfort her, to "waste" money don't care, "when a stock loss. "But this time, Dai Xiue intends to loan to buy a House, not because of money, but because banks can help her review of the House whether there is a risk of unauthorised.
Lin Lizhun after the demolitions, has been rent in Sanya. Initially for the convenience of rights, then my mother's illness worse, can only stay in Hainan in order to get better. Lost a lot of money, Lin Lizhun face back home.
Lin Lizhun sons blame him to buy the House investigation of clear. "People like us, do not have professional knowledge, where I can discern it? "He explained to his son, there a lot of houses were illegally built, no wonder they bought from illegally built houses. But still asked him why other illegally built houses were not demolished? Lin Lizhun couldn't answer the question. Illegal structures built by the same House, the same fate, this was the place where Lin Lizhun most unwilling. Even if both the Golden sunshine district 17 houses, there are 3 has not been removed. Enforcement agency responded that was not removed because the three belong to the workers ' housing, in line with the plan.
Now, Lin Lizhun did not know whom to beg for their purchase. The Government says Yes, developers say they have no money, as if his own money evaporated, and no one seems to be willing to pay compensation. Lin Lizhun, without this money, his difficulty back home. He smiled and said, "wanted to do migratory birds, bird now homeless with no feet. "
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