In Zhongtang Town, Binhai New Area, Tianjin, a public welfare cinerary hall was transformed into a residential building and sold illegally. Reporters on the spot investigation found that the building complex is divided into two phases, a total of 16 buildings, the shape of the building is the same as the ordinary residential area, but the windows are all black. Entering the interior of the building, the reporter found that there are about 25 houses on each floor, covering an area of 20-50 square meters. The plaque and big red flower of “X’s ancestral hall” are hung at the door of each house. The staff said that the residential building is nearly sold out, because it is more connected with the “earth gas”, the basement is the most expensive and the loft is the cheapest.
The ashes hall was converted into a residential building with an area of more than 5 hectares at a cost of 300 million yuan. It is known as “the first in North China”. According to the documents released by Tianjin land and Housing Administration Bureau, the cemetery here belongs to the public welfare cinerary hall in nature and has no qualification for sale. In order to avoid the management regulations that public welfare cemeteries can not be operated, the cemetery changed the terms of the cemetery contract from sale to long-term lease.
With the implementation of the funeral reform in Tianjin, more and more people choose to buy a room in the cemetery to make their own ancestral hall, instead of mixing their own urn with other ones in the public welfare ancestral hall. The first phase of the ashes hall, with its “building style ancestral hall” as its signboard, was once cold when it was on sale. However, the price of the first phase went up sharply in the past six years, with the average price rising from 3 000 to 7 000 1 Ping. According to the staff, at present, more than 3000 families have been “settled” in the community, with nearly 100000 cassettes.
Open the window and see a new house of the owner of the cemetery in Xi’an
In July 2020, Mr. Ge, a citizen of Xi’an, complained to the people’s livelihood hotline column of the western network that he bought the new house of Hengda feicui Longting in Lianhu District two years ago, but found that the new house was a “Tomb view room” and that the graveyard could be seen by opening the windows in the living room and bedroom of the family. Now I think of this matter and feel it’s very angry.
Public complaints: it’s hard to accept the transformation of a new house into a “grave view house”
In 2017, Mr. Ge, a citizen, and his wife spent 750000 yuan to buy a house with a wide view in Hengda feicui Longting, Lianhu District, Xi’an. Recently, the developer notice to take over the house, he was originally full of joy, but he was silly before the house was about to be closed.
After entering the house, Mr. Ge found that the plot was separated by a wall with a cemetery of more than 100 square meters. There were a lot of tombstones. When you open the windows of the living room and bedroom, you can see the cemetery. “We didn’t expect to buy a sunshine house. I didn’t expect to have a” grave view room “. The residents with more than ten floors could be better. When the windows of the residents on the third floor were pushed open, the words on the tombstones could be seen clearly.”
Mr. Ge said that when he bought the house, the developer didn’t mention the graveyard, and he didn’t think much about it. He thought the location was suitable and signed the contract. “There is a railway around the community. The developer told us, but the cemetery is blocked at the corner. It’s hard for us to find it until the house is repaired. “
Many owners of No.11 building of Hengda feicui Longting told reporters that if they knew this situation, they would definitely not buy the house here. “Who wants to open the window and see a row of graves? And the villagers’ graves will certainly worship every year. When they do, they will put wreaths and burn paper, and they will respond to people. ” Ms. Yee said.
Property reply: no intentional concealment, negotiation on relocation
Subsequently, the reporter learned from the property manager of Hengda feicui Longting that the developer was reporting the relevant situation to the government, and was also trying to negotiate with the villagers, planning to solve the owners’ complaints by removing the cemetery.
Mr. Li, the person in charge, said that when developing the land, the developer didn’t find any graveyard. “There are living areas around, and we don’t think there will be a cemetery. But this cemetery should be a long time, and the scale is not very large, and the trees around it are covered, so it is really difficult to find out. It is not to say that the developer deliberately did not inform the situation.”
”I went to see the land myself. In fact, some of the tombs were empty. After talking to the villagers, most of them were willing to move away. After all, the surrounding area is now residential area, and people are also interested in the burial geomantic omen. “Mr. Li said that after receiving the complaints from the owners, the company is actively communicating with all parties in the near future, and will give the owners an accurate reply at the beginning of next month.
Lawyer: the proximity of the cemetery to the community has a significant impact on housing prices
The lawyer of Shaanxi Hongzhen law firm said that the cemetery is adjacent to the residential area, which will objectively produce mental pressure and negative psychological impact on the owners. At the same time, this information will have a significant impact on the conclusion of the contract and the house price, so the developer has the obligation to disclose when selling the house, and can not deliberately conceal it.
In the complaint, if the developer fails to inform the buyer of the cemetery nearby, fails to fulfill the obligation of informing, and there are major defects, the owner can negotiate to protect his rights or protect his rights through legal channels. In judicial practice, disputes over the sale and purchase of “vicious houses” have been highlighted. However, there are different court judgments on the responsibility of developers. The main consideration is whether the developers have fraud and whether the buyers have major misunderstanding. “If the impact is not significant, generally speaking, from the perspective of maintaining the stability of the contract, the owner can be compensated for part of the economic loss or mental loss.”