Interim Measures of Haikou Municipality on the Administration of Property Right Hotels

Article 1 In order to actively guide the development of the tourism real estate industry in our city and standardize the management of property-based hotels, these measures are formulated in accordance with the Property Law and other laws and regulations, and the State Council's Several Opinions on Promoting the Construction and Development of Hainan International Tourism Island (Guo Fa [2009] No.44) and other provisions, combined with the actual situation of this Municipality. Article 2 These Measures shall be applicable to the planning, construction, sale, registration and management of property-based hotels within the administrative area of this Municipality. Article 3 The term "property-style hotel" as mentioned in these Measures refers to the hotel where the property rights of guest rooms are divided and sold by the construction unit after development and construction, and the supporting business premises and facilities of the hotel are owned by the construction unit or the hotel property owner and managed by them in a unified way.

The term "room property owner" as mentioned in these Measures refers to the unit or individual who has obtained the divisible transfer right of the property right of the hotel room through purchase or transferee.

The term "hotel property owner" as mentioned in these Measures refers to the unit or individual who has obtained the property rights of other rooms, supporting rooms and facilities of the hotel except the rooms that have been divided for sale through development, construction or transfer. Article 4 The municipal administrative department of housing and urban-rural construction (hereinafter referred to as the municipal department of housing and urban-rural construction) is responsible for the sales of property-based hotels and the registration of housing property rights.

The municipal land administrative department is responsible for the land transfer and land registration management of property-based hotels.

The municipal planning administrative department is responsible for the planning, construction, approval and management of property-based hotels.

Municipal appearance, industry and commerce, taxation, tourism, public security, health, price, environmental protection, quality supervision and other relevant administrative departments. Responsible for the management of property-based hotels according to the division of responsibilities. Article 5 Property-type hotels shall be built in tourist resorts, scenic spots, cultural scenic spots and areas with convenient transportation and complete facilities, and the development land shall conform to the overall land use planning, urban planning and specific regional planning. Sixth development and construction of property hotel projects, when handling the construction project planning permit, the property hotel should be marked. Article 7 Commercial service land, residential land and financial office land can be compatible with the construction of property-based hotels, and the nature and service life of the land remain unchanged. Article 8 Property-style hotels shall be planned, designed, constructed and decorated according to the standards of not less than three-star hotels. The construction area of supporting service facilities should account for more than 16% of the total construction area.

Before the property hotel is delivered for use, the construction unit shall carry out unified decoration and supporting facilities construction in accordance with the corresponding building star standards, and pass the overall acceptance of relevant departments such as engineering quality, fire protection, planning, civil air defense, gardening, water supply and environmental protection. Without the overall acceptance or unqualified acceptance, it shall not be delivered for use. Article 9 Before applying for the pre-sale permit of commercial housing, the property-based hotel construction unit shall entrust the housing surveying and mapping unit to forecast and survey the pre-sale housing, issue a surveying and mapping report, and report it to the municipal housing construction department in electronic form for the record.

Housing surveying and mapping units shall issue pre-sale housing surveying and mapping reports according to the planning permission and design scheme approved by the municipal planning administrative department.

The surveying and mapping report of the pre-sale house shall include the room number, interior construction area, name, scope and construction area of the exclusive part of the building. Tenth property hotel rooms are sold (pre-sold) according to the basic units of houses such as suites and guest rooms.

The construction unit shall sell (pre-sell) the property hotel rooms according to the renovated interior construction area, and shall not sell (pre-sell) them according to the construction area. Eleventh construction units in the pre-sale of property hotel rooms, should apply to the municipal housing construction department for pre-sale permit for commercial housing; Without obtaining the pre-sale permit of commercial housing, no pre-sale is allowed.

The pre-sale permit for commercial housing shall indicate the interior construction area and room number of the house for sale (pre-sale). Twelfth construction units to sell (pre-sale) property hotel rooms, should sign a written sales contract with the room buyers.

Property-type hotel room sales contracts include but are not limited to the following contents: the responsibility for decoration and maintenance of rooms and * * * *, the responsibility for expenses, the responsibility for withdrawal and repurchase, the responsibility for breach of contract and the general terms of easement contracts stipulated in the Property Law.

The rights and obligations between the construction unit, the hotel property owner and the property owner of the property-type hotel room involve the sale of houses, easements and so on. Where there are no provisions in these Measures, the parties shall clearly stipulate in the contract to avoid disputes. If there is no agreement or the agreement is not clear, the relevant obligations shall be borne by the construction unit or the hotel property owner. Article 13 The construction unit shall obtain the guest room easement of the guest room owner according to the guest room sales contract with the buyer (guest room owner) containing the easement clause.

The easement of the house sales contract based on the easement clause shall be established when the house sales contract takes effect. If a party requests registration, he may apply to the registration authority for registration of easement, and may not oppose a bona fide third party without registration. Article 14 The municipal housing and construction department shall, jointly with the municipal administrative department for industry and commerce and tourism, formulate a model text of the property right hotel room sales contract and promote it to both parties. Article 15 The guest room owner has the right to use some of the following supporting rooms and facilities in the hotel that meet the basic living needs free of charge: hall (or independent hall), hall, external wall, stairwell (well), elevator room (well), passage, management well, garbage chute, equipment room, water tank room, property management room, guard room on duty, etc.

The property owner of the guest room can agree with the property owner of the hotel on the priority paid use right of the following exclusive supporting business premises and facilities of the hotel: catering rooms, shopping malls, conference rooms, recreation rooms, recreation rooms, indoor (outdoor) swimming pools, indoor garages and parking spaces.