A real estate in Changsha has been settled for more than 25 years before it is qualified to wave numbers

Mo Qin, the plaintiff’s attorney, believes that “this’ seniority based ‘lottery policy will lead to new demand groups in Changsha from abroad who can only buy residential areas with poor seats and that local people don’t look up to.” Therefore, the original told the court to confirm that Changsha housing and Urban Rural Development Bureau found that the plaintiff was not qualified to buy a house by lottery, and to review the legitimacy of relevant provisions in Changsha’s above-mentioned policy “Chang Zhu Jian Fa [2018] No. 59” (hereinafter referred to as “No. 59 document”).

The plaintiff held that the formulation of Document No. 59 exceeded the statutory functions and powers of the formulation organ, contradicted the provisions of laws, regulations, rules and other superior laws, impaired the legitimate rights and interests of citizens, and failed to perform the legal procedures.

Changsha Municipal Bureau of housing and urban rural development replied that, on the one hand, it has the statutory authority to formulate such normative documents. Document No. 59 has been uniformly registered, numbered and published by the Judicial Bureau, and the normative documents are legal and effective. On the other hand, the purchase qualification is based on the length of registered residence or the length of service life, which is reasonable in line with the purpose of regulating the real estate industry that meets the needs of the group. The plaintiff said that there is no room to buy in Changsha. This phenomenon does not exist. There is more than one high-quality real estate in Changsha. ”

The policy requires sorting according to registered residence years, and the plaintiff is not qualified as a Yaohao.

The plaintiffs Liu mouhua and Mo mouhua in the case are a couple. The two settled in Changsha on May 17, 2019 according to the policy of parents taking refuge in their children. According to Changsha’s policy, the two had the first just needed house purchase qualification in May 2021, two years later.

On June 7, they identified a riverside real estate located in Xiaoxiang North Road, Yuelu District, Changsha. In June 10, 2021, the developer of the property was publicized on the official WeChat official account, and the plaintiff was listed on the public notice.

Schematic diagram of the location of the real estate involved

Due to the hot sales of the real estate, the developer announced the list of applicants participating in lottery subscription the next day, and the plaintiff was out.

Changsha Housing Construction Bureau formulated the “long residential development and Construction Document No. [2018]59” stipulates that “the number of people participating in the sale of Yaohao exceeds 1.5 times that of the sale of the housing supply. Priority should be given to the rigid demand groups in the restricted area where the household registration or work units are located. The applicant shall rank the registered residence or working years in the restricted area, and the working time shall be the earliest time to pay social security or personal tax in the restricted area.

The plaintiff believed that although he obtained the qualification of just needed house purchase, he was excluded from the list of 1.5 times just needed due to the short settlement time, and lost the qualification of Yaohao house purchase in the real estate, “this is unfair”.