article 1 in order to actively guide the development of the city's tourism real estate industry and standardize the management of property-based hotels, these measures are formulated in accordance with the property law and other laws and regulations, as well as the State Council's several opinions on promoting the construction and development of Hainan International Tourism Island (Guo Fa [2119] No.44) and other provisions, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the management of planning, construction, sales, registration and operation of property 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 property owner of the hotel 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 and transferable room property right of the property-type hotel through purchase or transfer.
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 development) shall be responsible for the sales of property-based hotels and the registration of housing property rights.
the municipal land administrative department is responsible for the management of land transfer and land registration of property-based hotels.
the municipal planning administrative department is responsible for the planning, construction, approval and management of property-based hotels.
the municipal administrative departments in charge of city appearance, industry and commerce, taxation, tourism, public security, health, price, environmental protection, quality supervision, etc. are responsible for the related 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 supporting facilities, and the land for development 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 can remain unchanged. Article 8 Property-type 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 1.6% 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 according to the corresponding star standard of the construction, and it shall pass the overall acceptance of relevant departments such as engineering quality, fire protection, planning, civil air defense, landscape, 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 draw 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.
The house surveying and mapping unit shall issue the surveying and mapping report of the pre-sale house 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 should include the room number and interior construction area of the exclusive part of the building, and the name, scope and construction area of the part. Tenth property hotel rooms are sold (pre-sold) according to the basic units of houses such as suites and rooms.
the construction unit shall sell (pre-sell) the property-type 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 of the rooms to be sold (pre-sold) and the room number of the rooms. Twelfth construction units to sell (pre-sale) property hotel rooms shall sign a written sales contract with the room purchaser.
the sales contract of property-based hotel rooms includes but is not limited to the following contents: the responsibility and expenses for renovation and maintenance of rooms and * * *, withdrawal and repurchase, liability for breach of contract, etc., as well as the general terms and conditions of easement contracts stipulated in the property law.
the rights and obligations between the construction unit, the hotel property owner and the guest room property owner of the property-based hotel, which are not specified in these measures, should be clearly stipulated by the parties in the form of contract to avoid disputes. Where there is no agreement or the agreement is unclear, the relevant obligations shall be borne by the construction unit or the hotel property owner. Article 13 The construction unit shall obtain the easement of the guest room of the guest room owner according to the guest room sales contract signed with the purchaser (guest room owner) containing the easement clause.
the easement based on the room sales contract with the easement clause is established when the room sales contract comes into effect. If a party requests registration, he may apply to the registration authority for easement registration, 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 of industry and commerce and tourism, formulate a model text of the room sales contract of the property right hotel, and promote it to both parties to the contract. Article 15 The room owner has the right to use some of the following supporting rooms and facilities that meet the basic living needs in the hotel 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 room owner can agree with the hotel owner on the preferential paid use right of the following exclusive supporting business rooms and facilities of the hotel: dining rooms, shopping malls, conference rooms, entertainment rooms, cultural and sports rooms, indoor (outdoor) swimming pools, indoor garages and parking spaces.